HomeMy WebLinkAboutP-0107.01-16 Council Minutes 04-2009- •
COUNCIL MEETING
Apri18, 2009
The Council Meeting of the Council of the County of Kauai was called to
order by the Council Chair at the Council Chambers, Historic County
Building, 4396 Rice Street, Room 201, Lihu`e, Kauai, on Wednesday, Apri18, 2009
at 10:32 a.m., after which the following members answered the call of the roll:
Honorable Tim Bynum
Honorable Dickie Chang
Honorable Jay Furfaro
Honorable Daryl W. Kaneshiro
Honorable Lani T. Kawahara
Honorable Derek S.K. Kawakami
Honorable Bill "Kaipo" Asing, Council Chair
APPROVAL OF AGENDA:
Mr. Furfaro moved for approval of the agenda as circulated, seconded by Mr. Chang,
and unanimously carried.
MINUTES of the following meetings of the Council:
Council Meeting of March 25, 2009
Public Hearing of March 25, 2009 re: Bill No. 2303
Mr. Kaneshiro moved for approval of the minutes as circulated, seconded by
Mr. Furfaro, and unanimously carried.
Chair Asing: Next item please?
PETER A. NAKAMURA, COUNTY CLERK: The next matters are items for
receipt. On page 1 of the Council's agenda is communication C 2009-133, C 2009-
134, C 2009-135, C 2009-136, and C 2009-137.
C 2009-133 Communication (02/20/2009) from the Mayor, transmitting for
Council information, a copy of the Kauai Humane Society's Second Quarter Report
for Fiscal Year 2009, which includes Cash Flow Analysis, Percentage Change
Report, Field Services Statistics, a Draft Budget for Fiscal Year 2010, and Financial
Statements by an Independent Auditor for the year ended June 30, 2008:
Mr. Kaneshiro moved to receive C 2009-133 for the record, seconded by Mr. Furfaro,
and unanimously carried.
C 2009-134 Communication (02/27/2009) from the Housing Director,
transmitting for Council action a Resolution to authorize the filing of the 2009
Action Plan for the County's 5-Year Consolidated Plan to the U.S. Department of
COUNCIL MEETING ~ - 2 - • Apri18, 2009
Housing and Urban Development (HUD) and to appropriate funding for the 2009
HOME Investment Partnerships Program projects for which the County expects to
receive an allocation of $989,345 to carry out the 2009 HOME Action Plan:
Mr. Kaneshiro moved to receive C 2009-134 for the record, seconded by Mr. Furfaro,
and unanimously carried.
C 2009-135 Communication (03/02/2009) from the Chief, Building Division,
Department of Public Works, transmitting for Council information, the Building
Permit Information Reports for February 2009 that includes the following:
1) Building Permit Processing Report
2) Building Permit Estimated Value of Plans Summary
3) Building Permits Tracking Report
4) Building Permits Status
Mr. Kaneshiro moved to receive C 2009-135 for the record, seconded by Mr. Furfaro,
and unanimously carried.
C 2009-136 Communication (03/27/2009) from the Mayor, transmitting for
Council confirmation, his appointments of the following:
Ms. Paula M. Morikami Planning Commission 4/1/09 to 12/31/10
Ms. Sally A. Motta Board of Ethics 4/1/09 to 12/31/10
Mr. Kaneshiro moved to receive C 2009-136 for the record, seconded by Mr. Furfaro,
and unanimously carried.
C 2009-137 Communication (03/24/2009) from the Housing Director,
transmitting for Council approval a Resolution recognizing April 12 - 18, 2009 as
National Community Development Week and celebrating the Community
Development Block Grant (CDBG) program: Mr. Kaneshiro moved to receive
C 2009-137 for the record, seconded by Mr. Furfaro, and unanimously carried.
Chair Asing: Next item please?
Mr. Nakamura: The next matters are communications for approval.
On page 2 of the Council's agenda starting with communication C 2009-138.
C 2009-138 Communication (02/17/2009) from the Chief of Police, requesting
Council approval to accept the donation of twenty-two (22) room safes, three (3)
tables, and two (2) ashtrays valued at approximately $1,000 from Princeville Hotel
to be used at the Lihu`e headquarters: Mr. Bynum moved to approve C 2009-138
with a thank you letter, seconded by Mr. Kaneshiro, and unanimously carried.
Chair Asing: Next item please?
Mr. Nakamura: The next communication for approval on page 2 of
the Council's agenda is communication C 2009-139.
C 2009-139 Communication (03/05/2009) from the Chief of Police, requesting
Council approval to expend approximately $3,060 from the Kauai Police
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COUNCIL MEETING - 3 - Apri18, 2009
Department's Asset Forfeiture Fund Account Number 206-1001-551.30-00, to allow
for two (2) Officers to travel to Honolulu to attend a Basic SWAT course scheduled
for April 13 - 24, 2009: Mr. Kaneshiro moved to approve C 2009-139, seconded by
Mr. Furfaro, and unanimously carried. `
Mr. Nakamura: At the bottom of page 2, the next matter for
approval is communication C 2009-140.
C 2009-140 Communication (03/09/2009) from the Chief of Police, requesting
Council approval to expend approximately $46,000 from the Kauai Police
Department's Asset Forfeiture Fund Account Number 206-1001-551.30-00, to
purchase equipment for various Bureaus for training of Police Officers to become
Field Training Officers: Mr. Furfaro moved to approve C 2009-140, seconded by
Mr. Kaneshiro.
Chair Asing: Any discussion?
Mr. Furfaro: Yes Mr. Chair, I just want to make note that after
these 2... prior to these 2 approvals, the asset forfeiture account had a balance of
$100,445 in it just for general information.
Chair Asing: Thank you. Any other discussion? If not, all those
in favor say aye?
The motion to approve C 2009-140 was then put, and unanimously carried.
Chair Asing: Next item please?
Mr. Nakamura: The next matter for approval at the top of page 3 of
the Council's agenda is communication C 2009-141.
C 2009-141 Communication (03/19/2009) from the Executive on Aging,,
requesting Council approval to receive and expend American Recovery and
Reinvestment Act of 2009 funds, and indemnify the State Executive Office on Aging
to award the County of Kauai $34,292 for congregate meals ($22,979) and home
delivered meals ($11,313) which funding covers the period from March 18, 2009
through September 30, 2010: Mr. Furfaro moved to approve C 2009-141, seconded
by Mr. Kaneshiro, and unanimously carried.
Chair Asing: Next item please?
Mr. Nakamura: The next matter for approval is communication
C 2009-142.
C 2009-142 Communication (03/19/2009) from the Director of Parks &
Recreation, requesting Council approval to accept funds from the State of Hawaii,
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COUNCIL MEETING • - 4 - • April 8, 2009
Department of Defense, in the amount of $12,500 for the period July 1, 2009 to
June 30, 2010 for the maintenance and upkeep of the Kauai Veteran's Cemetery:
Mr. Furfaro moved to approve C 2009-142, seconded by Mr. Kaneshiro.
Chair Asing: Any discussion?
Mr. Furfaro: Yes, Mr. Chair, as a carryover item from previous
discussions with the Veteran's Administrator Mr. Moses, I just wanted to point out
that we are still waiting for a joint agreement between Parks & Recreation and the
Veteran's Administration on the priorities and funds earmarked to accomplish a
certain task at the cemetery. I was hoping that we could get an update from Parks
& Recreation.
Chair Asing: Do you want to refer this to Committee?
Mr. Furfaro: Yes, possibly refer to Parks & Recreation, but I
have no problem approving this. I just wanted to use the discussion that sometime
soon, we should have this understanding of the moneys we earmarked for the
improvements we committed. We have not gotten that as of yet and that is a
carryover item from last year.
Chair Asing: Well, why don't we approve this communication
and then we will also send an additional communication and then have that placed
on the Parks & Recreation Committee.
Mr. Furfaro: Thank you very much Mr. Chair.
Chair Asing: With that, any further discussion? All those in
favor say aye?
The motion to approve C 2009-142 was then put, and unanimously carried.
Chair Asing: Thank you.
Mr. Nakamura: The next matter for approval on page 3 of the
Council's agenda is communication C 2009-143.
C 2009-143 Communication (03/19/2009) from the Executive on Aging,
requesting Council approval to receive and expend State funds and indemnify the
State Executive Office on Aging to award the County of Kauai, Agency on Elderly
Affairs State General Funds $1,161,168 for KUPUNA CARE services which funding
covers the period of July 1, 2009 through June 30, 2011: Mr. Bynum moved to
approve C 2009-143, seconded by Mr. Kaneshiro, and unanimously carried.
Chair Asing: Next item please?
COUNCIL MEETING. - 5 - • April 8, 2009
Mr. Nakamura: The next matter on page 3 is communication
C 2009-144.
C 2009-144 Communication (03/27/2009) from the Housing Director,
requesting Council approval to apply for and receive funds pursuant to the
American Recovery and Reinvestment Act of 2009 which is available from the
Community Development Block Grant Program, and for indemnification in relation
to the County's receipt of these funds in the amount of $215,156: Mr. Kaneshiro
moved to approve C 2009-144, seconded by Mr. Chang, and unanimously carried.
Chair Asing: Next item please?
Mr. Nakamura: The next matter for approval is communication
C 2009-145.
C 2009-145 Communication (04/OU2009) from the Director of Parks &
Recreation, requesting Council approval to accept the donation of a peace pole from
The Interfaith Roundtable of Kauai to be placed at Lydgate Park in the amount of
approximately $1,000 which covers the sign and installation: Mr. Kaneshiro moved
to approve C 2009-145 with a thank you letter, seconded by Mr. Furfaro.
Chair Asing: With that, I am going to suspend the rules.
There being no objections, the rules were suspended.
Chair Asing: Would you like to come up?
ANNALEAH ATKINSON: My name is Annaleah Atkinson...
Chair Asing: Do you want to repeat that again for the captioner
in Honolulu?
Ms. Atkinson: First of all, greetings to you Chair Asing and
Councilmembers. My name is Annaleah Atkinson and I am the President of the
Interfaith Roundtable, but I am also on Friends of Kamalani, so I thought 2 birds
with 1 stone, and I didn't want to talk a lot, so I thought a picture is worth a 1,000
words. So I brought about 4,000... I have 4 pictures for one side and here is another
set of them and then this is also for the... it explains a little bit about the
roundtable. But this was a gift and it says, may peace prevail on earth and we
thought it would be a lovely gift for the... to be in front of the Kamalani Playground.
It is written in actually 7 different languages indigenous or relating to Hawaii,
specifically Kaua`i... Hawaiian, Japanese, Chinese, Tagalog which is the official
Filipino language, Brail, English, and Samoan. So there has been a little bit of
change of that picture, but you can see from that where it would be placed...
Mr. (Lenny) Rapozo of Parks & Recreation asked me or said that it would also have
to be ADA approved. So it is not going to be just a pole now, but we are going to
COUNCIL MEETING • - 6 - • Apri18, 2009
have the 4 feet around, so that people in wheelchairs can go around and look at it. I
know that the Aloha Beach Resort is wanting to have children come in and learn
cultural aspects because it is such a rich area there with the heiau. So we thought
that this would be a great addition. Any questions?
Chair Asing: Councilmember Bynum?
Mr. Bynum: Good morning Annaleah. Thanks for coming.
Thanks for your efforts for this peace pole. I think it will make a nice addition to
that area and I know that Friends of Kamalani are committed to doing the
maintenance as they build the playground in the area.
Ms. Atkinson: So is the roundtable...
Mr. Bynum: So I appreciate your community efforts and thank
you very much.
Ms. Kawahara: Can you tell us about the creators? I mean the
people that did the work on the pole.
Ms. Atkinson: There is actually a worldwide group of and you can
get these peace poles in any language that you want to. I think they print them in
250 languages. The story is that at the Hindu Monastery, this beautiful blue gum
tree fell over and one of the members brought it to the roundtable said that, you
know, we want to honor this beautiful tree and we stand for peace, you know, for all
of the people on the island. And then we thought, wouldn't it be wonderful to make
a peace pole out of something really alive. These other ones are plaques with plastic
on them and, so they have spent quite a bit of time and through the roundtable,
then I am also a member of Friends of Kamalani. I thought, well, wouldn't it be
lovely to plant one at Lydgate. There is also another one going to go to the Sparks
Matsunaga peace garden on the westside, so we felt that was nicely balanced, so we
offered it.
Mr. Furfaro: Very nice.
Mr. Kaneshiro: Thank you.
Chair Asing: Councilmembers, any other questions or comments?
Go ahead.
Mr. Chang: I am sorry, what is the pole made of?
Ms. Atkinson: It is blue gum, but you can see that the plaques are
of cedar and they were hand painted... the writing in them was hand painted... one
of the brothers told me with a tiny little brush to get that... like there is a lot of love
in those already.
COUNCIL MEETING. - 7 - • April 8, 2009
Mr. Chang: You know, I just had a question because Kamalani
playground, most of the materials are recyclable materials.. Are we considered
about like weather like warping from the rain or even termites? Does that... has
that come into consideration?
Ms. Atkinson: Apparently, blue gum is an extremely strong wood
and so is cedar and, as we know, a little plug, Friends of Kamalani is always
putting weather proofing materials on them as we will be doing April 18 at Earth
Day, .and we will keep that going.
Mr. Chang: Thank you.
Chair Asing: Councilmember Bynum? Go ahead.
Mr. Bynum: Thanks for that plug and I wanted... I was anxious
to answer Dickie's question as well that for over 15 years now, the Friends of
Kamalani have been putting wood sealer which is basically linseed oil which is kind
of a natural product on the wood pieces, and I am sure that this will be part of that
maintenance schedule. Now that playground has a good 10 or 15 years left in it and
if we haven't been doing that maintenance, we would be tearing it down this year.
So I know that commitment has been sustained. That volunteer commitment had
been sustained for 15 years. I am confident with people like Annaleah and others
and it is April 18, Earth Day is our next community workday. It is not uncommon to
have a hundred people come and we do lunch and...
Ms. Atkinson: We had over 205 for make a difference day. It is
volunteers and it is such a beautiful thing... of all ages and diverse ethnicities in
groups from... Home Depot sends people and, you know, different churches send
people, and different organizations... we had many people from Mayor Carvalho's
campaign team. Lenny Rapozo himself cooked 3 1/2 gallons of chili and 200
hamburgers, and I don't know how many hot dogs. You know, it is just the
community coming together.
Mr. Bynum: Thank you.
Ms. Atkinson: Thank you.
Chair Asing: Any other comments Councilmembers? If not,
thank you very much, I appreciate it. I'd like to call the meeting back to order.
The meeting was called back to order, and proceeded as follows:
Chair Asing: We have a motion to approve with a thank you
letter also. With that, any further discussion? If not, all those in favor say aye?
COUNCIL MEETING • - 8 - • April 8, 2009
The motion to approve C 2009-145 with a thank you letter was then put, and
unanimously carried.
Chair Asing: Next item Peter please?
Mr. Nakamura: The matter for approval on page 3 of the Council's
agenda is communication C 2009-146.
C 2009-146 Communication (04/01/2009) from Bill "Kaipo" Asing, Council
Chair, submitting for Council approval the Fiscal Year 2009-2010 board
nominations to the Hawaii State Association of Counties (HSAC): Mr. Furfaro
moved to approve C 2009-146, seconded by Mr. Kaneshiro, and unanimously
carried.
Chair Asing: Next item please?
Mr. Nakamura: The next matter on page 4 is a communication for
approval which is communication C 2009-147.
C 2009-147 Communication (04/02/2009) from Derek S.K. Kawakami,
Councilmember and Hawaii State Association of Counties (HSAC) Vice President,
requesting Council approval of the Fiscal Year 2009-2010 board nominations to the
Western Interstate Region (WIR) and the National Association of Counties (NACo):
Mr. Kaneshiro moved to approve C 2009-147, seconded by Mr. Furfaro.
Chair Asing: Any discussion?
Mr. Bynum: Yes Mr. Chair.
Chair Asing: Yes, go ahead.
Mr. Bynum: I just want to... just for the general public's idea
that there is a Hawaii State Association of Counties and also a National
Association of Counties that really effectively represents our County and helps us
work together with other neighbor counties in the island and nationally to put
forward the interest of municipalities. I want to recognize that our representatives
will be Derek Kawakami and as an alternate Dickie Chang, and they already have
done good work to represent us. It is extremely worthwhile I learned. Previously,
Councilmember Rapozo and Councilmember Iseri-Carvalho were involved in. At
first I didn't understand it and now I know it is a very productive and appropriate
(inaudible). Thank you.
Chair Asing: Councilmember Furfaro?
Mr. Furfaro: I would also like to comment. First of all, also show
my appreciation for Kawakami and his service and willingness to be the Vice
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COUNCIL MEETING. - 9 - Apri18, 2009
President of the organization, but a small correction. I believe Mr. Kaneshiro is the
alternate to HSAC and what we have in front of us is the Western Region portion of
that acknowledging Mr. Chang as the Western Regional representative for us.
Mr. Bynum: Thank you for that correction.
Chair Asing: Thank you. Any further discussion? If not, all
those in favor say aye?
The motion to approve C 2009-147 was then put, and unanimously carried.
Chair Asing: Next item please?
Mr. Nakamura: The next matter on page 4 are claims.
CLAIMS:
C 2009-148 Communication (03/31/2009) from the County Clerk,
transmitting a claim filed against the County of Kauai by Jean Fahey for medical
expenses, loss of income, and pain and suffering, pursuant to Section 23.06, Charter
of the County of Kauai: Mr. Furfaro moved to refer C 2009-148 to the County
Attorney's Office for disposition and/or report back to the Council, seconded by
Mr. Kawakami, and unanimously carried.
C 2009-149 Communication (04/01/2009) from the County Clerk,
transmitting a claim filed against the County of Kauai by Charles A. Rogers for
damages to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai:
Mr. Furfaro moved to refer C 2009-149 to the County Attorney's Office for
disposition and/or report back to the Council, seconded by Mr. Kawakami, and
unanimously carried.
Chair Asing: Next item please?
Mr. Nakamura: The matter on page 4 for approval are Committee
Reports.
COMMITTEE REPORTS:
BUDGET & FINANCE CONIIVIITTEE REPORT:
A report (No. CR-B&F 2009-08) submitted by the Budget & Finance
Committee, recommending that the following be received for the record:
"B&F 2009-3 Communication (3/02/2009) from Committee Chair
Daryl W. Kaneshiro, requesting that the Administration be present to update
the Committee on the Housing Agency's suggested corrective action plan for
COUNCIL MEETING • - 10 - • April 8, 2009
the following Fiscal Year 2007-2008 Single Audit Findings and Questioned
Costs:
Finding No. 07-13, Section 8 Housing Choice Voucher Program
Finding No. 08-03, Suspension and Debarment
Finding No. 08-04, Eligibility,"
Mr. Kaneshiro moved for approval of the report, seconded by Mr. Furfaro, and
unanimously carried.
PLANNING CONIlVIITTEE REPORT:
A report (No. CR-PL 2009-03) submitted by the Planning Committee,
recommending that the following be approved on second and final reading:
"Bill No. 2303 A BILL FOR AN ORDINANCE AMENDING ZONING
CONDITION IN ORD. NO. PM-2002-358, RELATING TO ZONING
DESIGNATION IN WAIMEA, KAUAI (K-ikiaola Land Company, Applicant),"
Mr. Furfaro moved for approval of the report, seconded by Mr. Kaneshiro, and
unanimously carried. (See later for Bill No. 2303)
PUBLIC SAFETY/ENERGY/INTERGOVERNMENTAL RELATIONS
CONIIVIITTEE REPORT:
A report (No. CR-SEI 2009-04) submitted by the Public
Safety/Intergovernmental Relations Committee, recommended that the following be
received for the record:
"SEI 2009-3 Communication (3/06/2009) from Committee Chair Derek
S.K. Kawakami, requesting that the Director of Economic Development be
present to provide an update on the County of Kaua`i's Energy Sustainability
Plan, and to hear from the consultant, Douglas Hinrichs, Sentech Hawaii
Inc.,"
Mr. Kawakami moved for approval of the report, seconded by Mr. Furfaro, and
unanimously carried.
Chair Asing: Next item please?
Mr. Nakamura: Next matter for approval are Resolutions.
RESOLUTIONS:
Resolution No. 2009-31 -RESOLUTION AUTHORIZING THE FILING OF
THE KAUAI COUNTY 2009 ACTION PLAN (COMMUNITY DEVELOPMENT
BLOCK GRANT) WITH THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT UNDER
TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974
AND 1987 (PUBLIC LAWS 93-383 AND 100-242), AS AMENDED: Mr. Furfaro
•
COUNCIL MEETING. - 11 - Apri18, 2009
moved to adopt Resolution No. 2009-31, seconded by Mr. Kaneshiro, and carried by
the following vote:
FOR ADOPTION: Bynum, Chang, Furfaro, Kaneshiro,
Kawahara, Kawakami, Asing TOTAL - 7,
AGAINST ADOPTION: None TOTAL - 0,
EXCUSED & NOT VOTING: None TOTAL - 0.
Chair Asing: Next item please?
Mr. Nakamura: The next Resolution for approval is Resolution
No. 2009-34.
Resolution No. 2009-34 -RESOLUTION AUTHORIZING THE FILING OF
THE KAUAI COUNTY 2009 ACTION PLAN (HOME INVESTMENT
PARTNERSHIPS PROGRAM) WITH THE DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT
UNDER TITLE II OF THE CRANSTON-GONZALEZ NATIONAL AFFORDABLE
HOUSING ACT (PUBLIC LAW 101-625), AS AMENDED: Mr. Furfaro moved to
adopt Resolution No. 2009-34, seconded by Mr. Kaneshiro, and carried by the
following vote:
FOR ADOPTION: Bynum, Chang, Furfaro, Kaneshiro,
Kawahara, Kawakami, Asing TOTAL - 7,
AGAINST ADOPTION: None TOTAL - 0,
EXCUSED & NOT VOTING: None TOTAL - 0.
Chair Asing: Next item please?
Mr. Nakamura: The next matter for approval is Resolution
No. 2009-35.
Resolution No. 2009-35 - RESOLUTION AMENDING RESOLUTION
NO. 2008-08, TO REPLACE AND CONFIRM THE APPOINTMENT OF A
MAYORAL APPOINTEE TO THE PLANNING COMMISSION (Paula M.
Morikami, Partial Term (Business)): Mr. Chang moved to adopt Resolution
No. 2009-35, seconded by Mr. Kaneshiro.
Chair Asing: Any discussion? If not, I'd like to say that I did not
attend the meeting this morning on the interview, but in talking to
Councilmembers, I am confident that I am going to be supporting this Resolution. I
also had the opportunity to serve with Paula on the County Council, so I know of
her background and her interest, so I will be supporting this Resolution also. Thank
you. With that, any further discussion? If not, roll call please.
The motion to approve Resolution No. 2009-35 was then put, and carried by the
following vote:
COUNCIL MEETING • - 12 - • Apri18, 2009
FOR ADOPTION: Bynum, Chang, Furfaro, Kaneshiro,
Kawahara, Kawakami, Asing TOTAL - 7,
AGAINST ADOPTION: None TOTAL - 0,
EXCUSED & NOT VOTING: None TOTAL - 0.
Chair Asing: Next item please?
Mr. Nakamura: Next Resolution for approval is Resolution
No. 2009-36.
Resolution No. 2009-36 - RESOLUTION AMENDING RESOLUTION
NO. 2008-29, TO REPLACE AND CONFIRM THE APPOINTMENT OF A
MAYORAL APPOINTEE TO THE BOARD OF ETHICS (Sally A. Motta, Partial
Term): Mr. Chang moved to adopt Resolution No. 2009-36, seconded by
Mr. Kaneshiro.
Chair Asing: Any discussion? Again, I did not attend the
interview this morning, but in talking to Councilmembers, I am confident that the
report that I get from them is that she looks like she is going to be an excellent
candidate. So with that, I will also be supporting this Resolution. Any further
discussion? If not, roll call please.
The motion to approve Resolution No. 2009-36 was then put, and carried by the
following vote:
FOR ADOPTION: Bynum, Chang, Furfaro, Kaneshiro,
Kawahara, Kawakami, Asing TOTAL - 7,
AGAINST ADOPTION: None TOTAL - 0,
EXCUSED & NOT VOTING: None TOTAL - 0.
Chair Asing: Next item please?
Mr. Nakamura: At this time Mr. Chair, if we can go to page 6 of the
Council's agenda for a bill for second reading which is Bill No. 2303.
BILLS FOR SECOND READING:
Bill No. 2303 - A BILL FOR AN ORDINANCE AMENDING ZONING
CONDITION IN ORD. NO. PM-2002-358, RELATING TO ZONING
DESIGNATION IN WAIMEA, KAUAI (I~ikiaola Land Company, Applicant):
Mr. Bynum moved for adoption of Bill No. 2303 on second and final reading, and
that it be transmitted to the Mayor for his approval, seconded by Mr. Furfaro, and
carried by the following vote:
COUNCIL MEETING. - 13 - • Apri18, 2009
FOR ADOPTION: Bynum, Chang, Furfaro, Kaneshiro,
Kawahara, Kawakami, Asing TOTAL - 7,
AGAINST ADOPTION: None TOTAL - 0,
EXCUSED & NOT VOTING: None TOTAL - 0.
Chair Asing: What I would like to do is call for a short recess.
Mr. Kaneshiro: Take the caption break at the same time.
Chair Asing: We will take the caption break now then. Thank
you.
There being no objections, the Chair called for a recess at 10:55 a.m. The meeting
was called back to order at 11:11 a.m., and proceeded as follows:
Chair Asing: With that, Mr. Clerk, next item please?
Mr. Nakamura: We are on page 5 of the Council's agenda on
Resolution No. 2009-37.
Resolution No. 2009-37 -RESOLUTION RECOGNIZING APRIL 12 - 18,
2009 AS NATIONAL COMMUNITY DEVELOPMENT WEEK 2009:
Chair Asing: I'd like to suspend the rules.
There being no objections, the rules were suspended.
Chair Asing: Can I have housing up please?
EUGENE JIMENEZ, DIRECTOR OF HOUSING. Mr. Chair and members of the
Council, I just want to express my thanks and my mahalos for all of you in coming
up with this Resolution. As many of you are aware, we have been implementing
this program for 34 years and it is with the (inaudible) of the Council and the
Administration, we have been able to come up with projects that... what we feel are
very beneficial to our community. Also, I would like to take this opportunity to
thank you for the previous actions that you have taken in approving some of our
request to you for some of the ARRA funding and also for our block grant program,
for the HOME program. We really appreciate that and, you know, we are trying our
best to try to get as much funds to the County as possible. Before I go on, I want to
take this opportunity to introduce my staff who has been working very, very hard in
not only for this block grant program, but also in looking at other funding sources. I
have with me Ken Rainforth who is my Executive Assistant, Gary Mackler who is in
charge of community development and is the Development Coordinator, and last
but not least, the Program Manager for the block grant program, and her
assistant... well, the Program Manager is Jo Shimamoto and her assistant is
Sharon Kelekoma. So with that, I hope that you acknowledge all of them and
COUNCIL MEETING ~ - 14 - • April 8, 2009
through them, they make me look good. I am the first to give kudos where it is due.
So with that, I thank you again and are there any questions, concerns, opinions, or
ideas?
Chair Asing: Councilmember Bynum?
Mr. Bynum: Eugene, thanks for coming up here today and, you
know, we have had the opportunity to see Gary and Ken here a number of times,
and we know of what valuable people they are, so I am really glad. I see Jo here
today. I think we should make her come up and give a 20 minute presentation. Jo
Shimamoto... I have worked with on a couple Community Development Block Grant
things and she is just a shining example of competence and somebody who makes
this program work. For a Community Development Block Grant is a great program
as you mentioned for 34 years. You know, it is not an earmark, it is money that
comes through to the County and the decisions are made here in an appropriate and
good manner to address moderate and low income people on our island. We make
the decisions locally about how those funds are made. Jo administers that decision
process and does an outstanding job. If we had that 20 minute project, the people
would be amazed the things that CDBG has done for our community in a variety of
different manners. So Jo, thank you very much for your work and I am glad that
you took the time to acknowledge her.
Chair Asing: Any other comments? Councilmember Furfaro?
Mr. Furfaro: Eugene, thank you for being here. I think as
Mr. Bynum had mentioned, housing, the effort that has been put into addressing
our needs here are really second to none. The group that is behind you, the frame
work that is in place, I really can't say more than how much I personally appreciate
it. I think you mentioned earlier as we go forward on the American Recovery and
Investment Act, the ability to get money. I think I was somewhat misquoted in the
Garden Island yesterday where I said, make sure we are going shopping. The
reality is, these opportunities appear through the Federal government, through
Housing, through HUD, and even though yesterday I was referencing equipment for
the Fire Department, the reality is that we have some fine projects on this island
that are under County management and they are very quality projects. The effort
that goes into repair and maintenance, the management of the projects, the effort
put behind working with the people that have the greatest needs, are very
impressive from Housing. I want to personally thank you for those efforts under
these community block grants. It is exactly that. It is shopping on what we can
apply for and what we can turn them into as far as tangible projects. I just want to
say thank you for your effort, but there is a whole team behind you.
Mr. Jimenez: We thank you for your kind comments also.
Mr. Kaneshiro: May I add some comments to that also?
COUNCIL MEETING - 15 - ~ A ri18, 2009
P
Chair Asing: Councilmember Kaneshiro?
Mr. Kaneshiro: The amount of money that probably came into the
County for the past 34 years is unbelievable, and I know Eugene could probably
trace this back to the early 80's when we were part of the Administration. Always,
this program, has been a real integral part of our government for us to be able to
bring this kind of moneys in to help those areas that need it, this type of money.
You know, just to reflect back and to think about it, you know, Eugene, in the 80's, I
can imagine Kaipo knows... he has been here almost 26 years now and he sees the
benefit that we have from this program. It is just unbelievable. For 34 years that
we have such a program like this going on and it gives the counties the choice or the
opportunity to go out and see what areas we can use this money to spend on. It is
just an amazing project, but to see that we have such funding going on for this long
period of time is amazing. Housing has always been the entity that has been
initiating this program. Is that correct?
Mr. Jimenez: That is correct.
Mr. Kaneshiro: Through the many years, it has always been coming
through the housing area, right? So yet, the moneys that particularly come in
sometimes also help other areas besides housing, the CDBG moneys, so I just
wanted people to know that. It was a great way or opportunity to bring us... for the
County to give better services, not only for housing, but for... I remember several
other things we use this for like the Fire and so forth... Fire Department and what
not, so it is amazing just to recognize this as 34 years of something that we have
had, you know, good work.
Mr. Jimenez: Thank you very much.
Chair Asing: Thank you. Any other comments Councilmembers?
If not, I'd like to also thank you and the rest of your staff. You know, I believe
today, the funds are $793,056 I believe and in the communication that we approved
earlier to add to the Community Development Block program, we had $215,156, so
that is a sizable amount of money. I can only hope and pray that this continues and
the reason I say that is I believe that a number of years ago, not too many years
ago, we stood a chance of losing that or being substantially reduced, but hopefully
we can sustain this area of money coming in. Also, I would like to... if you look at
the Resolution on the second WHEREAS, let me just read that. WHEREAS, the
Community Development Block Grant program has as its primary objective, the
development of viable communities by providing different decent housing are
suitable living environment and expanding economic opportunities principally for
persons of low and moderate income. That is really the target group, but Housing
has been able to, you know, help everyone in this area, so I am very appreciative of
what the Housing group has done. With that, anything else? If not, thank you
Eugene.
COUNCIL MEETING • - 16 - ~ April 8, 2009
Mr. Jimenez: Thank you very much.
Chair Asing: I'd like to call Glenn.
GLENN MICKENS: Thank you Kaipo. For the record, Glenn Mickens. I
just want to sincerely thank these people for the outstanding work that they do. I
echo everything you said. I think they are probably the most... for me anyway, they
are the most efficient program run on Kauai. The things that they do are just
completely outstanding. Every organization on Kauai should take a page out of
their book. So anyway, I just want to thank them Kaipo.
Chair Asing: Thank you. With that, I'd like to call the meeting
back to order.
The meeting was called back to order, and proceeded as follows:
Chair Asing: Can I have a motion to approve please?
Mr. Furfaro moved to adopt Resolution No. 2009-37, seconded by Mr. Bynum.
Mr. Furfaro: The item that you were referring to was item 144
on today's agenda where we actually... through the American Recovery Investment
Act, we got this additional $215,000. Again, I just want to reiterate that the
Housing Department's quick compliance, applications, all of those are second to
none. Thank you.
Chair Asing: Thank you. With that, any further discussion? If
not, roll call please?
The motion to adopt Resolution No. 2009-37 was then put, and carried by the
following vote:
FOR ADOPTION: Bynum, Chang, Furfaro, Kaneshiro,
Kawahara, Kawakami, Asing TOTAL - 7,
AGAINST ADOPTION: None TOTAL - 0,
EXCUSED & NOT VOTING: None TOTAL - 0.
Chair Asing: Thank you. With that, I'd like to adjourn this
meeting and we will be back at 1:30 for the public hearing. Thank you.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 11:25 a.m.
o
COUNCIL MEETING - 17 - ~ Apri18, 2009
Respectfully submitted,
PE R A. NAKAMURA
County Clerk
/lki
• •
COUNCIL MEETING
April 22, 2009
The Council Meeting of the Council of the County of Kauai was called to
order by the Council Chair at the Council Chambers, Historic County
Building, 4396 Rice Street, Room 201, Lihu`e, Kauai, on Wednesday, April 22, 2009
at 9:06 a.m., after which the following members answered the call of the roll:
Honorable Tim Bynum
Honorable Dickie Chang
Honorable Jay Furfaro
Honorable Daryl W. Kaneshiro
Honorable Lani T. Kawahara
Honorable Derek S.K. Kawakami
Honorable Bill "Kaipo" Asing, Council Chair
APPROVAL OF AGENDA:
Mr. Furfaro moved for approval of the agenda as circulated, seconded by
Mr. Kaneshiro, and unanimously carried.
MINUTES of the following meetings of the Council:
Council Meeting of April 8, 2009
Special Council Meeting of Apri18, 2009
Public Hearing of Apri18, 2009 re: Bill No. 2304 and Bill No. 2305
Mr. Kawakami moved for approval of the minutes as circulated, seconded by
Mr. Kaneshiro, and unanimously carried.
Chair Asing: Next item please?
PETER NAKAMURA, CouIVTY CLExx: The next matters are
communications for receipt. On page 1 of the Council's agenda for receipt are
communications C 2009-150, C 2009-151, C 2009-152, C 2009-153, C 2009-154,
C 2009-155, and C 2009-156.
C 2009-150 Communication (03/25/2009) from the Mayor, transmitting for
Council consideration the Cost Control Commission's recommendations to amend
Chapter 17A, Kauai County Code 1987, relating to bus fares for the County bus
system: Mr. Kawakami moved to receive C 2009-150 for the record, seconded by
Mr. Bynum, and unanimously carried.
C 2009-151 Communication (04/01/2009) from the Chief of Wastewater,
Department of Public Works, transmitting for Council consideration a Resolution to
adopt the final Wailua Facility Plan dated September 2008 prepared for the County
COUNCIL MEETING - 2 - • Apri122, 2009
of Kauai, Department of Public Works Wastewater Management Division as the
Wastewater System Facility Plan for the Wailua and Kapa`a communities:
Mr. Kawakami moved to receive C 2009-151 for the record, seconded by Mr. Bynum,
and unanimously carried.
C 2009-152 Communication (04/01/2009) from the Chief of Wastewater,
Department of Public Works, transmitting for Council consideration a Resolution to
adopt the final Lihu`e Facility Plan dated December 2008 prepared for the County
of Kauai, Department of Public Works Wastewater Management Division as the
Wastewater System Facility Plan for the Lihu`e and Hanama`ulu communities:
Mr. Kawakami moved to receive C 2009-152 for the record, seconded by Mr. Bynum,
and unanimously carried.
C 2009-153 Communication (04/01/2009) from the Chief of Wastewater,
Department of Public Works, transmitting for Council consideration a Resolution to
adopt the final `Ele`ele Facility Plan dated July 2008 prepared for the County of
Kauai, Department of Public Works Wastewater Management Division as the
Wastewater System Facility Plan for the Hanapepe and `Ele`ele communities:
Mr. Kawakami moved to receive C 2009-153 for the record, seconded by Mr. Bynum,
and unanimously carried.
C 2009-154 Communication (04/01/2009) from the Chief of Wastewater,
Department of Public Works, transmitting for Council consideration a Resolution to
adopt the final Waimea Wastewater Treatment Plant Facility Plan dated January
23, 2009 prepared for the County of Kauai, Department of Public Works
Wastewater Management Division as the Wastewater System Facility Plan for the
Waimea community: Mr. Kawakami moved to receive C 2009-154 for the record,
seconded by Mr. Bynum, and unanimously carried.
C 2009-155 Communication (04/03/2009) from the Director of Finance,
transmitting for Council information the Period 8 Financial Reports -Statement of
Revenues as of February 28, 2009: Mr. Kawakami moved to receive C 2009-155 for
the record, seconded by Mr. Bynum, and unanimously carried.
C 2009-156 Communication (04/03/2009) from the Prosecuting Attorney,
transmitting a request to appropriate $8,059 from the surplus and appropriations
estimated in the General Fund for additional expenses: Mr. Kawakami moved to
receive C 2009-156 for the record, seconded by Mr. Bynum, and unanimously
carried.
Chair Asing: Next item please?
Mr. Nakamura: The next matter C 2009-157, Mr. Chair, I believe
we are waiting for the Parks & Recreation Department on that one. So if we could
move both C 2009-157 and C 2009-158 to the end of the agenda.
• •
COUNCIL MEETING - 3 - April 22, 2009
Chair Asing: Okay.
Mr. Nakamura: And the next matter would be claims. On the
bottom of page 3 are claims C 2009-159 and C 2009-160.
CLAIMS:
C 2009-159 Communication (04/02/2009) from the County Clerk,
transmitting a claim filed against the County of Kauai by Pacific Service &
Development, Inc. dba Napa Auto Parts for damages to their vehicle, pursuant to
Section 23.06, Charter of the County of Kauai: Mr. Kaneshiro moved to refer
C 2009-159 to the County Attorney's Office for disposition and/or report back to the
Council, seconded by Mr. Bynum, and unanimously carried.
C 2009-160 Communication (04/06/2009) from the , County Clerk,
transmitting a claim filed against the County of Kauai by Hope Puulani Stem for
her son's medical expenses, pursuant to Section 23.06, Charter of the County of
Kauai: Mr. Kaneshiro moved to refer C 2009-160 to the County Attorney's Office
for disposition and/or report back to the Council, seconded by Mr. Bynum, and
unanimously carried.
Chair Asing: Next item please?
Mr. Nakamura: The next matters for approval are Committee
Reports.
COMMITTEE REPORT:
ECONONIIC DEVELOPMENT/HOUSING CONIlVIITTEE REPORTS:
A report (No. CR-EDH 2009-04) submitted by the Economic
Development/Housing Committee, recommending that the following be received for
the record:
"EDH 2009-3 Communication (3/2/2009) from Committee Chair
Dickie Chang, requesting that the Director of Economic Development be
present to provide an update on its activities relating to the upcoming Kauai
Marathon, and to hear from Bob Craver, Director of the Kauai Marathon,"
Mr. Bynum moved for approval of the report, seconded by Mr. Chang, and
unanimously carried.
A report (No. CR-EDH 2009-05) submitted by the Economic
DevelopmentlHousing Committee, recommending that the following be received for
the record:
COUNCIL MEETING. - 4 - • April 22, 2009
"EDH 2009-4 Communication (3/2/2009) from Committee Chair
Dickie Chang, requesting that the Director of Economic Development be
present to provide a briefing on its partnership with the Kauai Visitors
Bureau and Garden Island newspaper for aweb-based advertising campaign
to attract visitors to Kaua`i,"
Mr. Bynum moved for approval of the report, seconded by Mr. Chang, and
unanimously carried.
PUBLIC WORKS/ELDERLY AFFAIRS CONIlVIITTEE REPORT:
A report (No. CR-PWE 2009-01) submitted by the Public WorkslElderly
Affairs Committee, recommending that the following be approved on second and
final reading:
"Bill No. 2304 AN ORDINANCE AMENDING ORDINANCE NO.
B-2008-672 AS AMENDED, RELATING TO THE OPERATING BUDGET OF
THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR
JULY 1, 2008 THROUGH JUNE 30, 2009, BY REVISING THE SURPLUS
AND APPROPRIATIONS ESTIMATED IN THE SOLID WASTE FUND
(Appropriation of $400,000 from the Solid Waste Fund to Other Supplies for
purchase of 4,000 bins for the Automated Refuse Collection Program),"
Mr. Bynum moved for approval of the report, seconded by Mr. Kaneshiro, and
unanimously carried. (See later for Bill No. 2304)
Chair Asing: Next item please?
Mr. Nakamura: The next matters are Resolutions. The first
Resolution for approval is Resolution No. 2009-38.
RESOLUTIONS:
Resolution No. 2009-38 -RESOLUTION REAPPOINTING A MEMBER TO
THE HISTORIC PRESERVATION REVIEW COMMISSION (Council Appointee)
(Dennis Alkire -Architecture, Second Term):
Mr. Nakamura: I believe there is a floor amendment Mr. Chair.
Mr. Furfaro: That is correct Mr. Clerk. I am having it circulated
now and it actually corrects the Council appointee term to be first term.
Mr. Kaneshiro moved to adopt Resolution No. 2009-38, seconded by Mr. Kawakami.
•
COUNCIL MEETING • - 5 - Apri122, 2009
Mr. Furfaro moved to amend Resolution No. 2009-38 as circulated, seconded by
Mr. Kaneshiro, and unanimously carried. The motion for adoption of the resolution
as amended was then put, and carried by the following vote:
FOR ADOPTION: Bynum, Chang, Furfaro, Kaneshiro,
Kawahara, Kawakami, Asing TOTAL - 7,
AGAINST ADOPTION: None TOTAL - 0,
EXCUSED & NOT VOTING: None TOTAL - 0.
Chair Asing: Next item please?
Mr. Nakamura: The next Resolution for approval is Resolution
No. 2009-39.
Resolution No. 2009-39 -RESOLUTION REAPPOINTING A MEMBER TO
THE HISTORIC PRESERVATION REVIEW COMMISSION (Council Appointee)
(Patricia W. Sheehan -Architecture, Second Term): Mr. Bynum moved to adopt
Resolution No. 2009-39, seconded by Mr. Kaneshiro.
Mr. Furfaro: On that note, I would like to bring my colleagues
attention to an amendment that is being circulated addressing the expiration of the
term and so noting that it is a first term.
Mr. Furfaro moved to amend Resolution No. 2009-39 as circulated, seconded by
Mr. Kaneshiro, and unanimously carried. The motion for adoption of the resolution
as amended was then put, and carried by the following vote:
FOR ADOPTION: Bynum, Chang, Furfaro, Kaneshiro,
Kawahara, Kawakami, Asing TOTAL - 7,
AGAINST ADOPTION: None TOTAL - 0,
EXCUSED & NOT VOTING: None TOTAL - 0.
Chair Asing: Next item please?
Mr. Nakamura: For the next Resolutions 2009-40 and on the
following page 2009-41, 2009-42 and 2009-43. I believe we are waiting for
representatives from Public Works Wastewater, so if we could just move on to bills
for first reading Mr. Chair.
Chair Asing: Go ahead.
Mr. Nakamura: We are on page 4 of the Council's agenda under
bills for first reading.
COUNCIL MEETING - 6 - • April 22, 2009
BILLS FOR FIRST READING:
Proposed Draft Bill No. 2312 - A BILL FOR AN ORDINANCE AMENDING
CHAPTER 17A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
BUS FARES FOR THE COUNTY BUS SYSTEM: Mr. Kaneshiro moved for passage
of Proposed Draft Bill No. 2312 on first reading, that it be ordered to print, that a
public hearing thereon be scheduled for May 20, 2009, and that it thereafter be
referred to the Budget & Finance Committee, seconded by Mr. Furfaro, and carried
by the following vote:
FOR PASSAGE: Bynum, Chang, Furfaro, Kaneshiro,
Kawahara, Kawakami, Asing TOTAL - 7,
AGAINST PASSAGE: None TOTAL - 0,
EXCUSED & NOT VOTING: None TOTAL - 0.
Chair Asing: Next item please?
Proposed Draft Bill No. 2313 - AN ORDINANCE AMENDING ORDINANCE
NO. B-2008-672 AS AMENDED, RELATING TO THE OPERATING BUDGET OF
THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY
1, 2008 THROUGH JUNE 30, 2009, BY REVISING THE SURPLUS AND
APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Prosecuting
Attorney): Mr. Kaneshiro moved for passage of Proposed Draft Bill No. 2312 on
first reading, that it be ordered to print, that a public hearing thereon be scheduled
for May 20, 2009, and that it thereafter be referred to the Budget & Finance
Committee, seconded by Mr. Furfaro, and carried by the following vote:
FOR PASSAGE: Bynum, Chang, Furfaro, Kaneshiro,
Kawahara, Kawakami, Asing TOTAL - 7,
AGAINST PASSAGE: None TOTAL - 0,
EXCUSED & NOT VOTING: None TOTAL - 0.
Chair Asing: I am going to suggest that we have a short recess
and then what we will do is we will start rescheduling the appearances for those
that were supposed to come earlier to do their presentations. Why don't we do that?
So we are going to take a recess.
There being no objections, the Chair called for a recess at 9:15 a.m. The meeting
was called back to order at 9:30 a.m., and proceeded as follows:
Chair Asing: We will now take the 4 Resolutions (audio
malfunction for 1 minute.)
There being no objections, the rules were suspended.
COUNCIL MEETING ~ - 7 - Apri122, 2009
EDWARD TSCHUPP, CHIEF OF WASTEWATER, PUBLIC WORKS DEPARTMENT•
Good morning. Thank you for inviting me over and I am real appreciative of your
time, so I've tried to put...
Mr. Chang: You have to state your name for the record.
Mr. Tschupp: Oh, I am sorry. Edward Tschupp, I am Chief of
Wastewater Management Division, County of Kauai, Public Works Department. In
trying to rationalize how to best make this presentation, I thought I... what I came
up with was to essentially treat all 4 of them because they are very similar in one
presentation and start out with a general what is a facility plan. So we will start out
with a little bit of background, what is a facility plan, what the plan objectives and
considerations are, and then discuss some of the specific findings of each of the
plans. As background, the County initiated facility plans in the 2005 timeframe for
the Wailua Plant, the `Ele`ele Plant, and the Lihu`e Plant. The Waimea Plant
contract and consultant contract to do the facility plan had been ongoing from prior
to that. So that work actually in Waimea started a few years before, but we kind of
did a batch of facility plans. Facility plans are triggered actually by Health
Department requirements specifically under the Hawaii Administrative Rules,
Chapter 62, Title 11. There is also a connection or a link to the Kauai General Plan
ordinance. What a facility plan basically is, is a 20 year masterplan for the
Wastewater system. It is an engineering study done by engineers for us engineers
to evaluate the facilities that make up the wastewater system, and then look at
things like what is the growth of the community, what are the... I have used the
term CIP Capital Improvement program needs and what we should be anticipating
as what we need to invest in the wastewater system cost. They come out with
specific recommendations for plan upgrades, collection system improvements, etc.
The HAR... this is actually the trigger in the HAR. The language of that
particular section is... and that is cited in the resolution. When the actual
wastewater treatment flow reaches 75% of the design capacity of the wastewater
system, that is when we are to initiate a facility plan. Each of the County systems
are different, but we basically made a commitment to proceed with all 4 of them
even though a114 of them weren't necessarily at that 75% trigger.
The General Plan ordinance discusses what a facility plan is and the
important thing here is that the public facility plan shall be submitted to the
Council for adoption by resolution. So that, again, where we are closing the loop on
the... on what the County ordinances say with respect to these facility plans.
Basically, as I said before, engineering assessment of the facility... guide for future
upgrades, expansion and management of the wastewater system. So they are
triggered by the DOH requirements, the condition of the wastewater plant... in the
case of the Waimea plant, we have theoretically more capacity than we can actually
treat at this time. So we are not at the 75% trigger, but the condition of the plant
dictated that... it made sense for us to do an engineering and evaluation and it
provides a long term management tool.
COUNCIL MEETING - 8 - ~ Apri122, 2009
This is sort of the table of contents of a typical facility plan, so what are the
laws, what are the facilities in the system, what kind of capacity is there, what is
the population doing in the service area? Wastewater plants are highly dependent
upon electrical conditions, so in some of our facility... in 3 of them, we have done an
electrical evaluation specifically. The only one that didn't do the electrical
evaluation was the Lihu`e plant where the electrical system is pretty new. Then
some improvement projections... near terms, mid-term, far term, again, a 20 year
timeframe, but broken up in near term, mid-term, far term. The estimate of cost,
recommendations... we did environmental assessments on each of these plans and
something that is not part of the standard facility plan template, but we included in
this work was to do GIS mapping of our collection systems, and what the service
area is. Focusing in on the Wailua plan now, Wailua plan is by far in a way the
most complex. The Wailua Wastewater Plant consists of the treatment plant itself
which is located right next to Lydgate Park, 7 pump stations, and then there is the
sewer mains gravity or pressurized as the case may be. The design capacity of the
Wailua plant is 1 1/2 million gallons a day, average day capacity. We are currently
running in the half a million to 700,000 gallon a day range. When most of the work
was done on these facility plans was during the period 2006, 2007, and kind of
wrapped up through the 2008 timeframe.
If you will recall during... prior to our current economic woes, there was a lot
of development proposals in the Wailua area. There were multiple resorts, the
County has been struggling with the affordable housing issues, and we are looking
at a flow of 700,000 gallons a day at a very old plant. The plant was constructed
initially in the 60's and expanded in several phases, but a lot of the fundamental
treatment works are of the 70's vintage. So rules have changed with the Health
Department and there are now greater requirements of redundancy than there used
to be. So it is not okay to only have one unit for this particular process. You have to
have a backup unit and the Wailua plant does not have much in a way of backup
units and there is some hydraulic bottlenecks with the plant, so it is a challenging
plant. When the fundamental conclusions of the facility plan and let me hold this
up... this document is the Wailua facility plan, so I've got about a foot of reading
material over here.
Mr. Bynum: We'll get right on it.
Mr. Tschupp: Please do. The consultant basically concluded that
even though the permitted capacity of the Wailua plant is 1 1/z million gallons a day
that we really ought to be viewing it as a 1 million gallon a day plant due to the
redundancies and aging condition. So I've tried to incorporate some photos here...
the Wailua plant and try to break up the action here. It sits here between Leho
Drive... between the highway, Leho Drive... I believe that is Leho... the Lydgate
Beach Park... there is the river, so it is in Wailua just south of the Lihu`e side of the
bridge. And then these 2 bottom photos are just examples of some of the process
' units to give you kind of a little bit of a look and feel of what that plant looks like.
COUNCIL MEETING • - 9 - • Apri122, 2009
One of the things that kind of came up after most of the work and the facility plan
was initiated is that this building here needs to be replaced sooner than what was
originally intended in the facility plan. As we are going along, the... where things
change a little bit from time to time and we've got some structural problems with
this building, so it is actually accelerating some of the work in the facility plan. It
was identified, but it was anticipated that it would last a little longer than it is.
I hit the wrong button, sorry. Just to give you a little bit of a context... this
is a coast... the coastal area there, there is the river, and Mahelona sits up here.
The Wailua Homestead... the Kapa`a Homesteads, I am sorry... the Wailua
Houselots and the service area is this coastal strip... the plant is situated right
about there, so it is a long skinny service area. The plant itself... there is a site map
of the plant and you see various different basins and circular units and that is
where the aeration is. Those are the circular clarifiers, that is sludge drying beds...
flow comes in this side and goes out through the filter here and then to the reuse or
to the (inaudible).
Mr. Bynum: Just to clarify for anybody in the public that might
be watching this. This plant does not serve the residential areas of Kawaihau and
Houselots.
Mr. Tschupp: No.
Mr. Bynum: Just along the highway, the businesses and
residences that are adjacent to the coastal highway, right?
Mr. Tschupp: That is correct. Thank you for pointing that out.
The Houselots, for example, are not sewered... that is really close to the plant and
actually plans were developed by the County many years ago to sewer the
Houselots, but the construction of those sewage systems up into the Houselots have
not been completed. Near term recommendations... basically, at the time that the
study was being worked on, we had all these developer proposals coming in and the
consultant was looking at, gee, it is going to be reaching that 1 million gallon a day
size in the fairly near future when all it takes is a couple of those big resorts, plus a
few of the affordable housing projects like the one that is currently under
construction by Kauai Lagoons to connect. We could be pushing that 1 million
gallon a day mark. Basically, their focus was on increasing the reliability and
solidifying the treatment capacity at 1 million gallons a day. They actually have
come out with a recommendation because we are on a fairly limited parcel in terms
of space... you saw the site map and it is pretty well filled with treatment facilities
that they are talking about going to a membrane system which gives you a very
high quality water quality, and it is a very compact kind of treatment process.
There are alternatives that... to membranes that I think actually may work
better and I didn't want to get into the technicalities of different types of
wastewater treatment. Just in the red item here, FYI, we have initiated the design
COUNCIL MEETING. - 10 - • Apri122, 2009
for some of the near term improvements, so we've got a consultant on board who is
doing the surveying and is preparing the engineering report for the Health
Department submittal, and plans and specs to start the $19 million worth of work
that has been identified in this facility plan. This particular consultant also threw
in some non-CIP improvement recommendations, pre-treatment program, and
additional staffing.
Middle term recommendations for Wailua continue to build on where we
were now that we theoretically are solidifying the ability to treat reliably the
1 million gallon a day with... during the middle term which would be through
roughly 2015, maybe 2020 depending upon the pace of development that the
capacity needed would climb towards that 1 1/a million gallons a day permitted
capacity. So we would be doing things like adding more membranes, adding
additional process units, so additional cost... one of the things that the consultant is
also recommending... oops, I got a little bit carried away. I pressed the wrong
button... is to expand the collection system. This would be moving into the
Houselots with sewage collection, so those collection system expansions are really
very expensive, and it becomes a policy decision I believe of the County as to
whether or not to proceed with those kinds of expansions because it affects a lot of
people, it adds to our customer base, but it also... it is expensive.
Mr. Furfaro: Excuse me, can you check your math. Is that the
19.6 plus the 15.2. It should be 34.6, not 36.4 if that is what you are intending to do
there. You got numbers in here that...
Mr. Tschupp: No, no, no, no. This particular... the consultant is
recommending an additional 15.2 million worth of... on top of the 19.6 at the
treatment plant. They are also recommending 36.4 million worth of collection
system expansions.
Mr. Furfaro: Got it.
Mr. Tschupp: So...
Mr. Furfaro: So we are really talking 65... I mean 70 million.
Mr. Tschupp: Yes, and I was going to get towards the very end
how the Wastewater Management Division, Public Works, has been trying to
integrate some of these costs together. Each one of these studies was done by a
consultant and they looked at their... the system that they were working on and
came up with recommendations and cost associated with how they viewed the
County should be managing wastewater in that community. I am not sure that the
public would necessarily agree with the collection system expansions, so in our
financial planning, we've had to slice and dice these somewhat. We have 4
independent studies each by a different consultant, they have all come up with their
cost, and the cost ended up being way more than I think our rate payers will ever be
COUNCIL MEETING • - 11 - • A ri122, 2009
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comfortable with being able to adopt in the near term in the next 20 year kind of
timeframe. So getting ahead of myself a little bit. That was part of the job the
Wastewater Division did with our financial planning consultant was to try to bring
these back to reality. Not to say that if we do the collection system expansion, the
$36 million isn't real, it is, but I just don't know that we can... that, we, the County,
want to charge ahead and do that. That is a policy decision that would be made by
this Council.
Mr. Furfaro: Mr. Chair, may I go back to... so please go back one
slide for me. So we have... these are the basic upgrades coming to a total of 19.4?
Mr. Tschupp: Yes.
Mr. Furfaro: Okay, so it is the basic upgrades is 19.4 then to
bring it to the redundancy and the requirements that might be imposed on us, is the
additional 15.2, and then separate line item for transmission collection.
Mr. Tschupp: That is correct.
Mr. Furfaro: I got it now. Thank you Mr. Chair.
Mr. Tschupp: Far term... anticipating future continued growth of
the community and the additional future development of wastewater collection
system expansions possibly being part of that serving previously unserved areas...
the Kapa`a Homesteads possibly going up Kawaihau, and taking in some of the
areas, the urbanized areas that are along Kawaihau would max out actually the
capacity of the ability of the plant to process wastewater at about 2 million gallons a
day. So the sort of ultimate build out for sewage in the Wailua/Kapa`a area would
result in more sewage than the Wailua plant can handle. So what the consultants
are basically doing is leading us towards the knowledge that, in the future, it likely
will be necessary to proceed with a Kapa`a Wastewater Treatment Plant somewhere
mauka of downtown Kapa`a area. It is just sort of a... keep this in mind that
somewhere in the future, you are going to max out the plant. Moving onto the
Lihu`e system.
Mr. Furfaro: I am sorry, but before we move to Lihu`e system. So
you are ending this recommendation as presented to us by the people who helped
you with the contract to do the facility study, but are they suggesting if we improve
performance at Lydgate at 1.5 million capacity a day, but that our future need will
be 2 million gallons a day, are they recommending that a new facility in Kapa`a
would only be the difference of 500,000?
Mr. Tschupp: No, I am sorry. Let me back up.
Mr. Furfaro: Could you clarify that for us?
COUNCIL MEETING. - 12 - ~ Apri122, 2009
Mr. Tschupp: I will try to clarify.
Mr. Furfaro: Because at some point with these kinds of dollars, it
is almost better to invest in new technology from building a new plant and that is
what we would have to weigh out.
Mr. Tschupp: Right.
Mr. Furfaro: So what would the capacity be recommended for
Kapa`a at $20.9 million.
Mr. Tschupp: What the build out capacity... I will start out with
Wailua if I may. The build out capacity at Wailua is... they are saying that we
shouldn't probably not anticipate expanding that beyond 2 million gallons a day.
So in the far term, we could further expand from the 1 1/2 million day permitting
capacity to around 2 million gallons a day at Wailua. The anticipated wastewater
flows would... will eventually exceed the 2 million gallon a day, and then we will be
faced with, well; do we try to put 2 1/z million gallons a day on the Wailua plant or
do we look at splitting the system into a second treatment plant at Kapa`a. And so
I believe that the long term build out and I think in the executive summary, there is
a table which...
Mr. Furfaro: Okay, I will look for the table, so that table will tell
me the second and newer plant...
Mr. Tschupp: Would be at Kapa`a.
Mr. Furfaro: ...recommended capacity.
Mr. Tschupp: Right.
Mr. Furfaro: I will look for the table.
Mr. Tschupp: It is sort of the ultimate build out probably
(inaudible) in the next 20 years, but it is something that, you know, as Wailua and
Kapa`a continue to grow particularly if we start... we may be forced by Health
Department rules into doing some of these collection systems and we can anticipate
at some point, we have maxed out Wailua.
Mr. Furfaro: Well, it is just a lot easier sometime to forecast 20
years out than it is to try and rebuild after 47 years having the old plant.
Mr. Tschupp: I appreciate that comment very much because that
is what we are trying to accomplish with these facility plans.
Mr. Furfaro: Thank you Ed, I will look for the table.
a •
COUNCIL MEETING - 13 - Apri122, 2009
Mr. Tschupp: The Lihu`e system done by a different engineer, the
report here... this particular report... although it looks a little skinnier, it is actually
printed double sided where this one was single sided, so it is actually a little bit
more pages, similar kind of details. The Lihu`e plant is an altogether newer and
larger and better condition plant.
Chair Asing: Councilmembers, would you want to have... Ed,
would you want to have your questions addressed after each of the facility or would
you want to wait until he gets through because right now, he is starting in Lihu`e,
and then he is going to go to `Ele`ele, and then he is going to go to Waimea. So I am
not sure whether you would want to have your questions asked and answered after
each section.
Mr. Furfaro: You know, Mr. Chair, I am comfortable with going
through them all, I just wasn't clear on the math on my 2 questions. I couldn't
reconcile in his slide, what we were... I will be glad to hold my questions to the end.
Chair Asing: Councilmembers, you have any...
Mr. Bynum: I am writing questions that I was going to save to
the end Chair, so I am happy to wait until the end of this presentation.
Chair Asing: Whichever way Councilmembers prefer and easiest
for you folks is what I want to do, so if you are comfortable with it, then we will go
through the entire presentation of the 4 facilities and you are now in Lihu`e.
Mr. Tschupp: Thank you Council Chair.
Mr. Furfaro: My apologies to the body.
Chair Asing: No problem.
Mr. Tschupp: The Lihu`e plant is a design capacity of 2 1/2 million
gallons a day. Currently, we are operating at about 50% of that. The system itself
consist of the plant, 5 pump stations, and serves most of the downtown Lihu`e area,
but not over towards the... not the other side of the gulch, not the Pua Loke side,
just this area as well as most of Hanama`ulu. Something that occurred here sort of
the history of the development of the Lihu`e plant, the plant was expanded
significantly in the 90's, so that is where the plant itself got to 2 1/2 million gallon of
capacity. But the one part of the plant is what do you do with the water once it has
been processed and treated, and that is called the effluent disposal system. The
effluent disposal system was the limiting factor on this plant because we had
effluent disposal that was going strictly to reuse for irrigation purposes at the
Kauai Lagoons golf course and our long term contract with Kauai Lagoons, called
COUNCIL MEETING. - 14 - ~ Apri122, 2009
for them to accept up to 1 1/2 million gallons a day of effluent disposal. So there was
a disparity between the plant capacity and the effluent disposal capacity.
The disparity... so during... when this study started in the 2005 timeframe,
we were actually at 1 1/2 million gallons a day of capacity was all that we could
really say we could actually treat because of our effluent disposal limitations. Since
then, the County has constructed 6 new injection wells that are backup wells to our
continued reuse which is, right now, the plant is an R-2 reuse facility and the vast
majority of the wastewater treated at the Lihu`e plant is currently applied to the
Kauai Lagoons golf course and that is our plan going forward is to continue to use
the wastewater treatment effluent as a resource for irrigation purposes. Now that
we have the backup wells in place, we actually have the full capacity of the plant
available to us because the backup wells have made it, so that we no longer have a
bottleneck on that effluent disposal. So the backup injection well project was
completed about 2007 and now we really are at a 2 1/2 million gallon a day capacity
although when this study was started, we were really... we had that constraint of
11/a million gallons a day. So it is a little confusing and that is reflected in the
resolution. The key constraint at the Lihu`e plant is actually the capacity of the
trunk sewer line running through Lihu`e. A couple of pictures of the plant... this,
by the way, is an old picture of the plant, but it shows the relationship of the plant.
There is a couple new process units here and there is another circular clarifier
there. The golf course is here, the airport is over here.
This picture is that circular clarifier and this is what the water looks like
going over the (inaudible) at the... near the effluent pump station before it is
pumped over to the Kauai Lagoons irrigation system. As I said, we are, right now,
100% effluent reuse except when there is a lot of rain and we have to use the wells.
The resolution on the brightness on this didn't work out as well as I was hoping, but
the plant sits here, we have... we serve the Marriott Hotel and there is a pump
station over here. The Anchor Cove Mall and the Harbor Mall are connected to that
pump station also. This is Rice Street, so this map is kind of goofy, but north is to
the left, so there is the main trunk line coming in from this part of town, downtown
Lihu`e, goes down Rice Street, and then over to the plant. This is Hanama`ulu and
we have this. whole community is sewered and there is a backbone trunk sewer line
that runs up and comes down Kuhio Highway by the hospital here, and what ends
up being the case is that the capacity of this trunk sewer line running right past us
in downtown Lihu`e is pretty much at capacity. That actually has some implications
to further development out in Hanama`ulu and the Hanama`ulu Triangle
development. We are going to accept the wastewater from that project at the Lihu`e
plant, but it does put us into a situation where we will need to develop some
alternate routing for sewage transmission to the plant.
One possibility would be to construct a line... strap aline along the bridge
and that is a bit of challenge to get DOT approval for that kind of project. Actually,
what is the current plan and we are working with Grove Farm on this is to run an
interceptor line down Ahukini through the proposed Grove Farm masterplan area
•
COUNCIL MEETING - 15 - April 22, 2009
development in central Lihu`e. It actually will be a minor extension and some
oversizing of pipeline that hasn't been built yet to do that rather than a totally new
pipeline on the bridge. I think it is, by far, in a way a preferred alternative and we
are in the negotiations or discussions with Grove Farm about, you know... we
actually hold a little bit of hammer here because it is their development that needs
the additional sewer capacity. We are working with them and that will be, I believe,
the solution for the trunk sewer problem in Lihu`e. Another black and white not
very good looking picture, but this is the site plan of the Lihu`e plant and there are
various biological treatment facilities here... sludge treatment tanks and then the
circular clarifiers that you saw in the picture. So flow comes in here into this
clarifier is treated here, goes through these clarifiers, and is pumped out to the
irrigation system.
Near term recommendations... we've got a fair amount of capacity. The main
recommendations at the time that this work was initiated, we were still preparing
the... to go out for the digester cleaning that is currently at 99% construction
complete. So some of this $20 million listed here is already spent, but the
recommendations include some other operational maintenance kind of
improvements as well as their... their strong recommendation was to upgrade to
R-1 and my little FYI on the bottom of this sheet is a note that many of the
improvements are already underway. Most significantly, the Kauai Lagoons is
working with the County to do the design and construction of the R-1 upgrades to
make this plant an R-1 plant. So that will be a significant savings to the County
and our ratepayers in terms of capital expenses. So I am very happy that that is
coming together. Middle term, still, no major plant expansions because we have a
fair amount of capacity. They are recommending a flow equalization basin which is
just a process unit that could be added to the plant. One of the pump stations... it is
actually right over by the County center is the Haleko pump station... that is pretty
old and needs to be replaced and they got some collection system expansions that
probably make sense. So the total price tag that this consultant has- come up for the
middle term improvements is around 41/2 million.
Far term improvements, additional process system construction... this is...
you know, let's add another primary clarifier. We have one and we ultimately will
need 2 at some point. The expansions on a plant like Lihu`e become much easier
because it is a much newer... by and large, much newer plant. It is add a basin or
add a new process unit rather than... in the case of Wailua, having to fit things
around to replace something that isn't necessarily fully up to speed and doesn't
have the redundancy. But looking at some of those kind... the other major thing
that goes into part of the cost of the $32 million projected here and this is a long
term... the 10 years plus from now would be to... they are actually recommending
that we build a storage tank for the R-1 effluent and that would actually be to
pressurize a system... a effluent system for irrigation at the airport. I think the
airport would like some of our irrigation water or to supplement the gateway
irrigation project. There is a fair amount o£.. besides the golf course, potential
reuse customers in Lihu`e. So there is an investment there in R-1 reuse system that
COUNCIL MEETING - 16 - ~ April 22, 2009
probably makes sense for Lihu`e, and then some process unit additions, and some
strategically target collection system expansions. Again, collection system
expansions are kind of policy decisions to a certain extent. One of the collection
system expansions, for example, would be, do we want to go over to Pua Loke
subdivision and that side of the valley, and that becomes a much larger project.
That was sort of the picture in Lihu`e and I am ready to move onto
`Ele`ele/Hanapepe if there are no questions on Lihu`e.
Chair Asing: We will withhold the questions until the very end.
Mr. Tschupp: Very good. The `Ele`ele plan was done by the same
consultant that did the Wailua plan, so we ended up with 2 consul... 2 plans being
done by the same consultant, the other 2 plans were done by different people, but
this system includes the wastewater plant, 3 pump stations, and then it serves the
majority of the Hanapepe and `Ele`ele system. The plant was expanded in the 90's
and it was originally constructed, I believe, in the 70's, the early 70's. So the
original plan was .4 million gallons a day and it was expanded to .8. Current flows
are around .6, so we are right spot on the 75% criteria for doing the `Ele`ele facility
plan. And looking forward, `Ele`ele is one of the communities where we are seeing
some affordable housing growth, the Habitat project, and others. So we... and we
just recently had the A&B project completed, so we are expecting that further
expansion of `Ele`ele will be needed, and then the pump stations are older. They are
part of the original construction from the 70's, so they are going to be getting to the
end of their useful life here and somewhere in the future will need to be replaced.
So that is sort of the big picture on `Ele`ele. I don't... unfortunately, I don't
have good photographs of the `Ele`ele plant, but I do have the service area map. The
plant is situated right there, this is the ocean, the HIUC power plant is right here,
this is the `Ele`ele subdivision, and on up the highway towards Lihu`e. This is the
valley and then this is the Hanapepe Heights, so where you see the red lines, that is
where our collection systems are in Hanapepe and `Ele`ele. The valley is not
sewered, but the... and this area of the Hanapepe Heights is not sewered, the lower
portion. The upper portion is. The pump stations are situated here, here, and down
at Port Allen. So this particular community is mostly sewered. Another terrible
picture on this particular screen of what the plant actually looks like. Sewage flow
comes in at this end goes through these basins, and in this case at `Ele`ele, we have
injection wells. We have a series of 4 injection wells, so this plant is not a reuse
plant at present although it is my hope that we can entice HIUC to use our effluent
as part of their cooling water which would be a wonderful reuse customer because
they are running those generators and need cooling water 24/7. In fact, they are
pumping their cooling water out of the ground pretty close to where we are injecting
our effluent, so I would argue that they are already using our effluent, we should
give them a pipe, and then charge them the deferred amount of what their pumping
cost are. You know, they save a little bit of money on pumping and we don't have to
build anymore wells. That commercial was brought to you...
COUNCIL MEETING ~ - 17 - ~ A ri122, 2009
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Near term recommendations for the `Ele`ele plant, they don't see a near term
expansion. There are some... because of the way that you expand a plant like this,
in the 90's, you brought in some new basins, but you didn't really retire the old
basins and you didn't really change out all of the electrical, so there is some old stuff
that is at the end of its lifecycle, and basically, they have come up with about a
$2.5 million laundry list of near term things that we should be doing. We put that
in this current fiscal year's budget to hire the engineer to get that design going. We
are currently negotiating with them on a contract to do those things. Because it was
the same consultant as the Wailua plant, they made us the same recommendation
on the non-CIP improvements, so you will see that reflected in your executive
summaries as well as in the report.
Middle term is when we are probably going to need the expansion at the
`Ele`ele plant. That would be in the 2010 to 2015 timeframe... anticipating... once
we hit the 90% of capacity mark of flow, that would be about another 100,000
gallons worth of wastewater coming into the plant, then it is time to go out and
start designing the expansion. And we are probably looking at 2012 to start that
design and start then construction, you know, in the middle of the next decade. And
I actually argued with the consultant a little bit about this. They originally said,
well, let's just expand it to a 1 million gallon a day plant and my thoughts was, if
you are going to expand to 1 million, why not 1.2, so we've got a little bit of excess
capacity. And so what you see here on the cost figure for the expansion is a range
depending upon whether or not we expand to the 1 million gallon a day, that would
be the 12 million, or if we go a little bit bigger, then it is correspondingly alittle bit
more expensive. There will need to be land acquisition eventually with the `Ele`ele
plant both at the plant site and as well... the pump stations are on really tiny
parcels and it is really hard to renovate or replace a pump station while it is in
service. It would be much easier to go next door and build a new pump station, so
that then you can cut over at the time that you've got the new construction
complete. We have been... we are kind of landlocked at `Ele`ele, but we have been
discussing with A&B, and they are currently pursuing a subdivision of the property
next door to us, so we've asked them to identify an expansion parcel, and they have
been very agreeable to do that. So I think their industrial subdivision is already
designed with us in mind.
Long term, we still have... now we are getting into that situation of replacing
a few process units that are part of the older part of the plant that weren't replaced
with the last expansion, some new sludge digesters... the consideration of possibly
going into an effluent reuse system. This is another community that may benefit
from R-1 upgrades... I mean I like the idea sending water to HIUC, but it may make
sense to use it for irrigation, so that should be part of our options is to look at the
wastewater effluent as a resource. So this is where we are looking at having the
pump station replacements, so we are looking at a range of 15 to 26 million on down
the road, and part of that range depends upon the growth of the community. One of
the things that the consultant... in both Wailua and `Ele`ele have identified and
COUNCIL MEETING - 18 - ~ April 22, 2009
discussed explicitly in the plans is the uncertainties of what is DHHL doing with
their properties because DHHL is a major landowner in both Wailua and they have
some significant properties in the `Ele`ele area, and if they choose to develop their...
some of their properties and they are actively working on development in the
Wailua area, then it will have some impacts on us. So that is just a caveat that
DHHL is kind of a major landowner that we need to work with and depending upon
what their plans end up being and what their schedule is, will actually affect our
need for wastewater infrastructure improvements and plant expansions.
Moving onto the Waimea system. This consultant actually has been on the
job for quite a while. This was the first facility plan that the County started and it
kind of bogged down because one of the fundamental conclusions long ago was, we
are ready for a plant expansion. So there were some... there were a variety of... like
policy questions that cropped up in this work. For example, are we going to sewer
Kekaha? Are we going to have a separate wastewater treatment plant in Kekaha?
And so there are various different growth scenarios. What are the landowners
which is K`ikiaola doing with their properties around the Waimea/Kekaha area... all
of those things come into different... how much capacity do we need to expand the
plant, but the fundamental conclusion is that it is time to do a plant expansion in•
. Waimea anyway.
The system includes the plant, 4 pump stations, and the various sewer
systems in... that presently serve Waimea Town. The plant was constructed in the
70's, design capacity was 0.3 million gallons a day, so it is our smallest plant, and
we are currently in the 85 to 95% of capacity range. We have been enforcing a
limitation on new connections in Waimea and that is something that we would like
to not be having to do. Expansion plans are in progress. We are going for a
design build procurement this year and this plant has been earmarked by the
Health Department for Federal stimulus funding of $7.5 million, so we are working
on capturing that.
Mr. Bynum: Be careful with that word earmark.
Mr. Tschupp: Oh, I am sorry. All earmarks are bad except for
mine. Some photos... the plant sits out here on the plain, Waimea Town is back
over here, here is the highway, and it is kind of out there in the middle of the field.
The building itself, that is the control building, and there are some blowers in that
part, and the generators, you know, the shelter is there. The tanks and so on are off
to the side. This is the new injection... backup injection well that was constructed
recently and that is a wet well of the pump station that sits basically out at the
corner of the highway and the access road into the plant. By the way, on this photo,
this building floods, not good. So the expansion is predicated upon the new
building... the motor control center for the plant is in that building, so you got
electricity and water. That is not a good situation, so the new motor control operator
control room will be elevated, so it is above the flood plain.
COUNCIL MEETING • - 19 - • Apri122, 2009
Mr. Bynum: That is a good idea.
Mr. Tschupp: Yea. The collection system looks like this, so with
the Waimea River here and so we are up the valley a little bit, and then this is
downtown Waimea right there. We have a pump station at the entrance to the
plant, we have another pump station in the little park in the front of Menehune
across from Ishihara and a couple other pump stations located back along those 2
parts of the collection system. The photo that I was taking was... I was standing
right about there and that is the building that you saw, so the treatment basins are
basically to the right. We do have a fair amount of property here, so as part of our...
and there is a lot of sun in Waimea as everyone knows, so part of our expansion
plan is to put in solar. I am anticipating that we will be seeing an array of solar
collectors along the back property line. The Health Department loves that and that
is part of the reason why they selected our project for the stimulus package funding.
So moving into the near term recommendations, we are currently under design,
preliminary design, we are doing it as a design build, and we are going to execute
that design build contract before the end of the year. The budget for the project is
$12 million and we are looking to get the stimulus funding of $7.5 million which will
really help out because that is a zero interest principle forgiven loan. It doesn't get
much better than that. So we are also incorporating R-1 in the upgrades to R-1.
This plant is a reuse plant and it currently is an R-2 plant, so the injection well that
I showed the picture of, that is a backup injection well, but as part of this expansion
which is to go to .7 mgd. You are essentially doubling the capacity of the plant. The
plant can be further expanded in the long term and we will get to that, but there
is... right now, we are kind of taking the double the plant size approach, upgrade to
R-1, and throw in things like solar and the additional injection well as a backup.
The major expansion in the mid-term, the expansion will be taking care of all that,
but eventually, there are at least 2 of the pump stations... the older pump stations
from the 70's that are going to be ready for replacement. Long term, that gets into
the discussion of what are we doing with respect to the... is Kekaha going to need to
be sewered at some point. If so, are we going to pump the sewage from Kekaha over
to Waimea plant. The Waimea plant will be able to be further expanded and the
other wild card in there is what are development plans, and schedule of the
landowners in the vicinity of Waimea and Kekaha. So my comment there is that
much will depend upon the base of private development. So it is a little bit hard to
put cost projections into those kinds of long term because of the uncertainty of the
base of development. I think that 20 years from now or, you know, 15 years from
now, that will have plenty of capacity in Waimea. The original plant was designed
and built and not very much modified for 35 years, so, you know, if we double it, we
probably have another 35 years, but who can tell.
This is sort of my final slide here and just to make the comment that we've
got the 4 different plans by the 3 different consultants and each of them looking at
the needs of that system not necessarily what are the County's greater needs for all
the systems. So we have initiated a rate study and financial plan and one of the
first things that that rate study did, was it took the capital improvement programs
COUNCIL MEETING. - 20 - • April 22, 2009
from these 4 studies as they were being developed in draft form and sliced and diced
them, and one of the things that came out of that was, oh, if you add up all these,
you've got 400 plus million dollars worth of capital improvements over the next 20
years. A lot of that is collection system expansions and perhaps arbitrarily, but one
of the judgment calls that Public Works Wastewater had to do was to go through
and say, that is $400 million is not something that our ratepayers can afford.
So what is more realistic in terms of financial planning for the County
wastewater systems, not just this system. Basically, what came out of that exercise
of saying, gee, this collection system expansions are somewhat optional and they are
policy decisions... if the County is going to do that and the County may be forced .to
by the Health Department, but somewhere in the future, the County may have to do
a collection system expansion. Our ratepayers, I don't think should necessarily be
the ones on the hook for that expansion because it is serving new additional people,
so maybe that is a General Fund. So part of our financial assumptions have been to
essentially take out most of the collection system expansions for the rate... for the
purposes of rates and also to look at the R-1 upgrades. There are greater benefits to
the community as compared to the ratepayers in an R-1 expansion. So our financial
plan is basically paired down from what is the sum of these and the number was
right around 150 .million instead of the 400 plus million. So that translate to
something like $10 million a year which is still quite a bit of capital improvement
expenses. But I just wanted to kind of pull the... how the context of these 4 plans
developed independently is being used by the division to try to come up with a
financial plan that makes sense. And that, I believe is my final slide and thank
you.
Chair Asing: Thank you. Councilmember Bynum?
Mr. Furfaro: Could I just interrupt? I just wanted to have a
moment to bring some people up to date on how we got to the plans first. It is not a
question, it is just to share with everybody. I wanted to make sure that my fellow
Councilmembers realize that through the year 2003 and 2005, we had a number of
discussions about facility plans that were necessary and we took it from an
approach that... and this was before Ed came onto the Wastewater Department.
We, through the contractual repair studies, have funded all of these facility pieces
to have a general understanding and the concept of the facilities needs. They also,
which I didn't hear Ed mention was, conceptually also identifying how future
growth would also be absorbed from impact fees that could be placed on
assessments of certain new lots and so forth as part of their targeted collection of
property taxes. So I think altogether we put 2003, 2005, almost a $1.5 million into
contractual studies on the needs, so that we had one master concept of wastewater
in this County. I really appreciate the fact that when Ed came on board, it was
divvied out to different people, so that we could kind of accelerate getting to where
we are, and that is all that I wanted to say. Mr. Bynum, I appreciate you letting me
have the floor, but I wanted to make sure that everybody understood this. This is
something has really been going on since 2005 to get a full assessment. I do also
COUNCIL MEETING • - 21 - • Apri122, 2009
want to say that the Waimea plan in our discussions has one that always should get
to a capacity size that it could absorb Kekaha because we know the issues we have
there with Wastewater and we need to be planning that way. So thank you for
yielding the floor and if you want to look at these numbers, you can find them in the
2005 budget on page 151. Thank you Mr. Chair.
Chair Asing: Thank you. Let me add to that a little bit. You
know, it is also a mandate by the General Plan. I mean you don't have a choice. The
General Plan's recommendation is that facilities plan as needed for the following
services and I am just going to mention the 3 that is listed in the General Plan, and
that is wastewater treatment by facility, and that is why you are really mandated
by the General Plan to do it. There is also flood prevention and drainage by
watershed and County road, so... thank you. With that, Councilmember Bynum?
Mr. Bynum: Thank you Ed for a good presentation. I think you
made a good choice about how much depth you went into because we could be here
all day, right? So I appreciate the way the pacing and the depth the way you went
into in terms of technical details because you answered most of my questions before
I had to ask them. But just a general... some general questions regarding... just for
community... if we were developing a new subdivision say in Kapa`a or Wailua,
under our current rules and regulations, are they required to be sewered?
Mr. Tschupp: There are 2 authorities that weigh in on that. One
is the County and under the sewer ordinance if there is a sewer line accessible to
the property and lateral that extends to that property, then hook up is mandated
under the sewer ordinance. The more general authority is that of the State Health
Department in their rules dictate that a subdivision of 50 or more parcels shall be
sewered. And that could be done through a private system, it could be done by
connection to the County, so that is the simple answer I think.
Mr. Bynum: So in terms of the issue of collection system
expansion which you brought up several times, so of the recommendations about
retrofitting, but then that impacts capacity, and the cost of retrofitting is pretty
high compared to building that system in a new subdivision.
Mr. Tschupp: Absolutely.
Mr. Bynum: And so for... say in the Kapa`a area, if we are
expanding near the Houselots or near the Middle School, if we are doing more
urban development there, it is likely anything above 50 would require sewering, so
in terms of that policy decision for the future, reserving that capacity for new
subdivisions might be more wise than trying to retrofit existing communities, would
you agree with that or...
Mr. Tschupp: It certainly is more cost effective to build it when
you are building the subdivision, so I am totally on board with that because the cost
COUNCIL MEETING. - 22 - • April 22, 2009
of going into an older neighborhood and ripping up the streets and putting in sewer
lines, and then you are mandating people to connect who may or may not want to,
those are little thorny issues. There are some specific areas and I am thinking of
like the baby beach area where it probably would make sense for us to do or to
allow, you know, somebody wants... they have an R-20 zoning in the baby beach
area and they are 4 blocks or 3 blocks from the sewer system. If they want to put in
and they've got enough property to put in 6 units, well, maybe they can run a sewer
line, and I don't think we should be, you know, precluding somebody from doing
those offsite improvements. Alternately, we could as a County if there is interest
amongst the property owners do some kind of a facilities district or whatever.
Mr. Bynum: Right, so in some of these areas, you mentioned like
`Ele`ele and Kapa`a and Wailua and Hanama`ulu, you know, we would anticipate
further urbanization and more subdivision over the years. So you answered my
questions ahead about Lihu`e, so that is good. And then the reuse in Waimea is
currently... you said it is a...
Chair Asing: Why don't we do this? Why don't we take one sewer
area first? If you have a question and I don't know whether you folks want to start
with Wailua, complete Wailua and whatever questions you have, and then move
onto Lihu`e and whatever questions you have for Lihu`e, and then we will move to
`Ele`ele, and then... so why don't you... you covered Wailua, yea? Any questions on
the Wailua area? Go ahead.
Mr. Furfaro: In the non-capital items and the recommendations
for Wailua/Lydgate area, you have in this recommendation some increases in
staffing, non-CIP. Are you anticipating that the electrical support personnel that
are at Wailua could, in fact, be used at other plants?
Mr. Tschupp: Our electrician issue right now is that we have one
position for an electrician. The incumbent resigned or retired about a year ago and
we have been unable to fill that position. Electrical issues are, you know, a real
important thing in wastewater, so we currently have zero electricians on our staff,
and we would like to get to 2 positions as an islandwide pool.
Mr. Furfaro: Two as islandwide?
Mr. Tschupp: Two as an islandwide pool, right? They wouldn't be
assigned to the Wailua plant. They basically are mechanics and hypothetical
electrician are base yarded in Lihu`e and go to...
Mr. Furfaro: I appreciate that clarification because it is
specifically in the Wailua plan, but you are saying it would be used islandwide. In
rough numbers, we are talking about $70.4 million for Wailua over a 20 plus year
period.
COUNCIL MEETING • - 23 - ~ Apri122, 2009
Mr. Tschupp: At that plant and some of the pump stations, yes.
Mr. Furfaro: But did they give you a price on let's say a cost per
10,000 gallons if in the Wailua plan, you expanded to have asub-plant. Did they
give a price per 10,000 gallons roughly of what a new plant would cost? Is there
such a table?
Mr. Tschupp: There is, but it is actually in our impact fee study
which was done as part of our rate study.
Mr. Furfaro: Thank you.
Mr. Bynum: Just follow up on that electrician question. Your
desire would be for 2 and you currently have zero, are you actively recruiting for...
is that position that is in the budget and not frozen?
Mr. Tschupp: Yes, the one existing position is fully funded in next
year's budget and our recruitment is through the County's recruitment process.
Mr. Bynum: So that position is not frozen?
Mr. Tschupp: It is not frozen.
Mr. Bynum: The additional position that you would like...
Mr. Tschupp: The additional position I was hoping that it would
be... it would show up in the budget as a dollar funded position and I don't think it
actually made it there. You know, I will be happy to get one electrician.
Mr. Bynum: Okay, thanks.
Chair Asing: Any other questions on Wailua? I have question
and it actually for all of them, but if I take Wailua, then it will be the answer. You
have near term recommendations, but mid-term recommendations, and far term
recommendations. Now, your near term recommendations are generally... I think
you gave some dates 2010 to 2015, is that what you are looking at or how are you, in
fact, setting ranges for... I guess my question would be what is near term, what is
mid-term, and what is far term?
Mr. Tschupp: That is something that I did not and purposely did
not make a specific... put dates on that PowerPoint. The work was initiated in the
2005/2006 timeframe as Councilmember Furfaro indicated and it takes a while to
actually complete the plans. Most of these plans, they considered near term to be
the 2005 to 2010 timeframe, so it really is quite near term. Fortunately or
unfortunately, with the economy doing what it has done and over the last year or
so, some of the developers pulling back, we've gotten a little bit more of a breathing
room. So on one hand, near term is really kind of a now through 2010 which is only
COUNCIL MEETING. - 24 - • Apri122, 2009
a year now, and then mid-term would have been the 2010 through 2015, and then
far term would be 2015 to 2025. To a certain extent, those numbers are pushed
back as a function of having a little bit more breathing room because of the
economy, but that is the growth side. The maintenance and repair side is really,
you know, now. Near term is something that we should be working on right now
and we are in most cases.
Chair Asng: Okay, thank you. Anymore questions on Wailua? If
not, why don't we take Lihu`e. Any questions on the Lihu`e plant? Councilmember
Furfaro?
Mr. Furfaro: Mr. Chair, not so much on the plant as some of the
particulars that you have shared with us seems like we have some partners to
invest in plant expansion and so forth. But my concerns is more focused on the
Lihu`e triangle which we will have a big piece of potential affordable housing in it.
Mr. Tschupp: The Hanama`ulu Triangle?
Mr. Furfaro: Yea. What did I just say?
Mr. Tschupp: You said Lihu`e.
Mr. Furfaro: I am sorry. I apologize. The Hanama`ulu Triangle
and you said the backbone of the line that goes through Lihu`e Town is at maximum
transmission capacity, but I heard you say that there were 2 alternatives to create,
I guess, a new trunk line, one down Ahukini.
Mr. Tschupp: Right.
Mr. Furfaro: In connection with Grove Farm's planned expansion
there and the other one didn't seem very feasible because it would have created a lot
of lift stations going through the low areas in Hanama`ulu and obviously the line
across the bridge is not a real acceptable process. So are you engaged in
conversations with Grove Farm on their application that deals with the cost and
improvements of this line that would go down Ahukini?
Mr. Tschupp: Most certainly I am. In fact, I am meeting with
Grove Farm and their attorney who has initiated drafting a... kind of a partnership
agreement. I am meeting with them this week.
Mr. Furfaro: Thank you Ed and then just let me ask for
clarification... from Ahukini through the rest of Lihu`e Town, that trunk is at
capacity. Is the recommendation that we... even if we have an opportunity for the
Ahukini transmission line, is the recommendation also saying that we need to
address the line that goes through Lihu`e Town.
COUNCIL MEETING • - 25 - • Apri122, 2009
Mr. Tschupp: The recommendation was either put in the relief
line if you will.
Mr. Furfaro: Okay, let's call it that.
Mr. Tschupp: That is a good term. Either from Hanama`ulu or
down Ahukini and that then essentially can take off the Hanama`ulu flow that
currently goes all the way around the loop and short circuited more directly to the
plant. So by sizing the pipe through the new subdivision that Grove Farm is
planning and partnering with Grove Farm on that project, then that essentially
takes Hanama`ulu flows off... redirects it, so then the Lihu`e trunk going along
Kuhio Highway now is no longer... it would relieve that, yes.
Mr. Furfaro: It would be relieved and have the required capacity.
Mr. Tschupp: That would be correct.
Mr. Furfaro: So it is the relief line, the 2 choices, but it is not the
relief line and...
Mr. Tschupp: That is correct, yea. The third option would be to
install a bigger line or a parallel line down Kuhio Highway. I would never
recommend that if there was any other feasible alternative.
Mr. Furfaro: I think you understood my question because that is
probably the least of what we want to do and I am actually glad to hear that the 2
proposed relief lines would be acceptable and not require us to dig up Lihu`e Town.
Mr: Tschupp: Yes.
Mr. Furfaro: Thank you Chair.
Chair Asing: Thank you. Any other questions on the Lihu`e
plant. If not, I have a couple of questions. One is in your mid-term
recommendations for the Lihu`e plant, you expand collection systems. You want to
elaborate on that a little bit?
Mr. Tschupp: Yes, there is few areas in the downtown Lihu`e
area... actually, one of the expansion areas of collection system would be to do a
little bit of sewer work in the Kapaia Valley area near the Kapaia pump station.
That is one of the areas that they have a little circle around and a map that says,
this area could use some collection system. It is a fairly small area, not many
people. Frankly, I don't know what that expansion project actually looks like.
Another one is the old industrial park down by Kapule Highway is not sewered, and
that should be. So there is some logical kind of infill... little pieces that just weren't
sewered over the years. There is a potential for and there has been discussion over
COUNCIL MEETING - 26 - • April 22, 2009
the years about running sewer lines into the Kupolo area on Mokoi Street, and that
is one possible area where you do have some residential density, you could run a
line up Mokoi Street and into that neighborhood. That has actually been on the
County's CIP list for years and I am not necessarily advocating that that is the right
thing to do. Another area for expansion would be to put a pump station down in
Kalapaki and expand into some of the... right now, Anchor Cove and Harbor Mall
are connected to the sewer, but there are some other properties and, you know,
areas down in the Kalapaki area that are not connected and could be with the
addition of a pump station. That project may pencil out particularly if you look at it
from the context of the entire... between Nawiliwili Road and the valley. Most of the
area up through Pikake subdivision or up by my house is not connected to the
sewer, so that whole slice between Nawiliwili Road and the valley is, you know, if it
could gravity flow down to a pump station in the Anchor Cove area, you know, the
bottom of Nawiliwili Road, and then be pumped up, that might make sense. Grove
Farm has a system they may be picking up on their new development pump station
down there, but whether they will ever go into the infill area is hard to say.
Another expansion area would be with the location of Haleko pump station which is
kind of old and needs to be replaced in the mid-term that that should be put at the
bottom of the valley there by the mill. And then that would allow gravity sewer to
come in from down the area up by the Water Department and ultimately into the
subdivision up there. But, again, that is expanding into an older neighborhood that
involves a lot of careful planning and consideration while you are ripping up those
streets.
Chair Asing: I guess the reason I asked that is, you know, there
are many people who have asked, you know, will we ever get sewer system in... I
happen to live in the Ulu Mahi area and that area is not sewered.
Mr. Tschupp: Correct.
Chair Asing: And along Nawiliwili Road on the left side going
down, all of those areas... Pua Loke is not sewered and my answer has been that
more than likely not, and my reasoning is that I do not believe the County will find
the money necessary to install the collection lines. I think it is going to be cost
prohibitive to get into a subdivision and rip up roads and try to install lines. I just
don't see us being able to raise that kind of money, and then on top of that, when we
do that, we will end up charging fees that will be on the high side I think. So I
wanted some ideas from you. The second question that I have is that in the past, I
know there has been talk and I believe there was a study made many years ago
before you came on board that the Lihu`e sewer plant also will have an ocean
outfall. Has that been totally scrapped and not part of any planning process at this
time?
Mr. Tschupp: Yes.
COUNCIL MEETING • - 27 - • April 22, 2009
Chair Asing: Great. I just wanted to get that out and clear.
Thank you. I don't have anymore questions on Lihu`e. Does anybody have
anymore?
Mr. Furfaro: I was interested especially following up to the
Chair's question about no ocean outfall. This retention piece to keep R-1 water that
is in the... to give you an idea of what kind of capacity we are talking about that to
hold water for reuse?
Mr. Tschupp: ~I think that they were looking at about a million
and a half gallon storage tank. You know, I am a little fuzzy on that, but it would
be something about that size to be located near the plant. So it is just, you know, a
million and a half gallons would be sort of a lot of day's storage.
Mr. Furfaro: Thank you. If that is your perception, that is fine.
Thank you Mr. Chair.
Chair Asing: Thank you. With that, can we go onto `Ele`ele.
Councilmembers, any questions on `Ele`ele? Councilmember Kawakami?
Mr. Kawakami: Thank you Mr. Chair. Hi Ed. My question is based
on the statement that you made about KIUC and possibly working out some kind of
deal. What kind of negotiations or point of contact that you had with KIUC up until
this point?
Mr. Tschupp: I have had an initial contact with Randy Hee where
I basically posed the question and his response was and it is entirely reasonable
that, right now, their permit... they have what is known as an NPDES permit
which is for... their cooling water is a once through and then it discharges to the
ocean is my understanding of how that works. And apparently, in their permit, his
comment was, we are not allowed to use as a permit requirement, wastewater
effluent. So my response to that was, those permits are renewed periodically and
let's talk at the next time that, you know, it is permit time for you which is about
every 5 years. So I think if we go in together to the Health Department and say,
you know, what would the requirements be for us to be able to give you a pipe and
would it save KIUC some money. I think that can be worked out: At present, it's
not allowable under their permit conditions, and it will involve a permit
modification.
Mr. Kawakami: Have you worked out any baseline numbers just
purely speculation on how much you could possibly draw as a source of revenue if
KIUC... I mean the amount of water that they are using and any rates that you
have proposed or thought about to see what the revenue stream would be?
Mr. Tschupp: A little bit. In our rate study, we have kicked
around the idea of a tariff for R-2 and tariff for R-1 waters. The way to view that
COUNCIL MEETING. - 28 - • April 22, 2009
would be the deferred cost of pumping and certainly with the case of KIUC, they
know how much per 1,000 gallons they are paying in electric cost to pump. They
are not going to pay more for ours, so you know, it becomes part of the negotiation
that, okay, we will give you whatever quality you need at this price. You know, that
would be something that we would have to work out.
Mr. Kawakami: So it might be possible if you guys end up going
through that permitting process with the Health Department and you have to make
upgrades, so that it can eventually be used by KIUC, that it would incur additional
cost to the facility?
Mr. Tschupp: That is correct.
Mr. Kawakami: Okay, thank you. Thank you Mr. Chair.
Chair Asing: Any other questions Councilmembers?
Councilmember Furfaro?
Mr. Furfaro: On `Ele`ele, you talked about, you know, you are
kind of confined there, but you would have to... in this plan; move for land
acquisition? How much property are you potentially looking at to facilitate the
outcome that are in these plans? Are we talking 10 acres?
Mr. Tschupp: No, I think the parcel that we've talked to A&B
about is... I am fuzzy on this, but I think it is probably on the order of 2 to 3 acres.
Mr. Furfaro: Oh, okay. Thank you Mr. Chair.
Chair Asing: Any other questions? Councilmember Bynum?
Mr. Bynum: It just sparked this reuse discussion. I didn't
(inaudible) to appreciate your efforts to do reuses because that is really
environmentally sound and appropriate, and it is an asset eventually. I mean, am I
correct with that?
Mr. Tschupp: I view it as such.
Mr. Bynum: Yea, the reuse water was a valuable commodity
that we actually could charge for.
Mr. Tschupp: I agree.
Mr. Bynum: And environmentally, it is better to reuse that
water than to inject it or outfall it or... is that correct?
Mr. Tschupp: I would agree.
COUNCIL MEETING • - 29 - ~ April 22, 2009
Mr. Bynum: So I appreciate those efforts at looking at reuse
opportunities.
Mr. Tschupp: Thank you.
Chair Asing: Any other questions for `Ele`ele? I have a follow up
to Councilmember Furfaro's question regarding land acquisition. Are you talking
about building a new facility? You know, you are talking about expansion.
Mr. Tschupp: With future expansion, we kind of looked at what...
when do we max out the property that we are on and the parcel that we have been
talking about with A&B would be essentially moving our fence line over there. So it
would be immediately contiguous to our current property and would allow for us to,
you know, when we go in front of the Planning Department, and we have a lot line
setback, and we need that... you know, that big a tank to be situated right about
there. Well, if we don't have that fence line anymore and we have erased the lot
line between us and them, then that would be what we would be looking at.
Chair Asing: So we are talking about an adjacent property?
Mr. Tschupp: An immediately adjacent property.
Chair Asing: Okay, great. Thank you. With that, let's go to
Waimea. Any questions on Waimea? Councilmember Bynum?
Mr. Bynum: You mentioned that Waimea was a reuse plant
right now. What is the reuse use? -
Mr. Tschupp: Well, the irrigation systems are actually under the
control of I~ikiaola properties, I~ikiaola Company, and right now, we are still
actually using the older effluent line that goes to the reservoir up behind Waimea
Town and from the reservoir, I~ikiaola then manages the distribution of irrigation
water onto the various fields that they have under their properties, and under their
control. So I can't actually go out and point and say, that is ours and that isn't, but
the part of the project that we did with the backup injection well was to also go over
to an area where, for the future, there is a... we can flow to what is called an
isolation ditch which is out closer to the plant and the flats. And then some of the
seed corn companies were actually actively discussing with them about them
picking up water from that new isolation ditch.
Mr. Bynum: Because K`ikiaola was here recently and they have
long term or short term whenever the economy is right plans for additional resort
and facilities which could be serviced by this reuse?
Mr. Tschupp: Absolutely.
COUNCIL MEETING - 30 - • April 22, 2009
Mr. Bynum: And that would also be part of the use of the
expanded facility like those kinds of developments. The other question is about...
you mentioned one of the questions about Kekaha and I am curious about the...
currently, there is no line to Kekaha and then there is this rule about 50 unit
subdivisions. If Hawaiian Homelands or someone else did a 50 unit subdivision in
Kekaha, would they be limited to 50 units because of that? If it wanted to be more,
they would have to figure out their wastewater needs or...
Mr. Tschupp: Hawaiian Homelands is kind of unique because
they are a State agency and they are able to exempt themselves. I don't... you
know, the relationship they've got between them and the Health Department is
something that I am not really partied to. I would point out, however, that
Hawaiian Homelands' most recent subdivision that they completed just recently in
Kekaha was 49 units.
Mr. Bynum: I had that in my brain somewhere, so... but if a
private developer were going to develop more than 50 units, they would have to
address it in terms of a wastewater...
Mr. Tschupp: That is correct.
Mr. Bynum: Either connecting to ours or building their own.
Mr. Tschupp: Yea.
Mr. Bynum: Okay, so thanks for that. I think that is it.
Chair Asing: Thank you. With that, Councilmember Furfaro?
Mr. Furfaro: I have 2 questions. The first one is, you know, every
goal is to get us to R-1 level and I have made a statement earlier that I would hope
this study would have included giving us some options in Kekaha. Were there any
recommendations in that area because of flooding, the community would like to
address as well that there might be an opportunity for a constructed wetland?
Mr. Tschupp: In fact, the... one of the options that the Waimea
facility plan looked at was a separate Kekaha wastewater plant, and what they
recommended for that was what is called a facultative lagoon system which is... it is
not exactly a constructed wetlands, but it is a very low energy intensive... kind of
very property intensive, and that is the tradeoff. You know, land area versus energy
cost, so that was the recommended option should the County pursue Kekaha would
be to... they perceive that it would be a little bit less expensive to put in a second
plant at Kekaha and have it be, you know, more a lagoon kind of plant, but the cost
difference between that, and pumping over Waimea Plant was not that significant,
and you sort of have to figure out where the property is that you are going to use.
COUNCIL MEETING • - 31 - • April 22, 2009
Mr. Furfaro: And this might end up actually... I might defer this
question to Councilmember Kawakami, but you talked to us about the 7.2 million
being available in a way of a...
Mr. Tschupp: Sorry.
Mr. Furfaro: In a way of stimulus money, but I know under
Mr. Kawakami's leadership for this Council at the State conference of counties, he
has been an advocate for this type of money use, and you recently had some
correspondence regarding that. I am not clear if you are saying to us that we have
secured the money or maybe I can turn this over to Mr. Kawakami.
Mr. Kawakami: I think my question was along that line, but the
stimulus money that you identified, the 7.2...
Mr. Tschupp: 7.5.
Mr. Kawakami: Has that already been... is that a guaranteed thing
or...
Mr. Tschupp: It is not guaranteed at this point. I will describe
that program a little bit. It is... one of the ways the stimulus funds is coming to the
State of Hawaii is through what the State calls the SRF program. It is EPA funds,
so the stimulus package ended up putting $30 million to Hawaii to the Health
Department for them to them to administer, and they are planning on doing that
through their... what the program they already administer which is one of our main
funding sources called the SRF program which is essentially low interest loans. But
with the stimulus money, the State has basically said, okay, we got $30 million, we
are going to give it equally to the 4 counties. So our share would be 7.5, but it has
to be shovel ready which the Waimea Plant expansion is big enough to use that, and
fits within the shovel ready definition. That means an encumbered contract within
a year kind of thing with notice to proceed. So that is what we are shooting for.
That is the source of the money is the EPA part of the stimulus package. It is not
guaranteed because there is a couple of... like one of the ways stimulus moneys
from some of the other programs have been like certified already. This one won't be
able to be certified because the Health Department has a couple of steps that they
need to go through before they can finish the certification of those funds. And then
we have to perform by getting our contractor.
Mr. Furfaro: So you presented to us that was a $12 million
project of which $7.5 million may use this vehicle that was described to us.
Mr. Tschupp: That is correct.
COUNCIL MEETING - 32 - • Apri122, 2009
Mr. Kawakami: You know, on top of that too, on our last NACo trip
and working with the Administration identified 9 projects, and one of them was the
Waimea Wastewater Treatment. So for fiscal year 2010, some of the
Councilmembers here as well as myself went up and talked to our Senators and
Congress people, and we requested actually $4 million for the fiscal year
appropriations budget, and that (inaudible) was coming from EPA, State and Travel
Assistance Grants, so we are not going to find out until September or October, but
we can keep our fingers crossed that more Federal money will be coming down to
assist us with this facility at least.
Mr. Tschupp: Any help that we can get from the State or Federal
is always appreciated.
Chair Asing: Any other questions Councilmembers? I have kind
of follow up question to Councilmember Furfaro regarding Kekaha. Maybe... is it
clear, unclear, whether we are going to service Kekaha, is that the plan or if that is
not the plan?
Mr. Furfaro: I made it clear. My position is, we should have a
plan that connects Waimea with a Kekaha need. That is what I am hoping for.
Chair Asing: Okay, and I wanted to hear from, you know, you on
what... let me just clear it this way. What does the consultants recommend? Have
they made a recommendation in that area?
Mr. Tschupp: I believe that they recommended... let me take a
quick look at the executive summary. Okay, this is actually a brief paragraph, so I
will just go ahead and read it. The issue of treating wastewater from Kekaha was
discussed at the June 2005 presentation of the 2003 draft facility plan which was...
I was not in the room at that time, but a predecessor, and the consultants here did
have some workshops. So the June 2005, there was a workshop and presentation
that I believe involved the Council. The general consensus was that the need for a
wastewater system for Kekaha does not warrant the extremely high cost of
constructing a collection system and treating the wastewater. However, rather than
eliminating discussions that may no longer be relevant, the process alternatives
that were considered for the new Kekaha wastewater treatment plant are retained
in this facility plan. It is sort of a qualified "no".
Mr. Furfaro: They endorsed it, but the plan is still in the book.
Mr. Tschupp: Yes. So, you know, the... I am not sure what the
answer is with respect to, is it in the plan or not? It is in the plan, it is not
recommended to proceed with construction at this time. Maybe that is the best that
I can say.
Chair Asing: Because of the high cost?
•
COUNCIL MEETING - 33 - April 22, 2009
Mr. Tschupp: Because of the high cost, and then they do provide
in here cost estimates for what those high costs would be and they are pretty
healthy. I mean, they are large.
Chair Asng: Okay, any other questions Councilmembers? If not,
I have one question that I forgot to ask and it was kind of a follow up to _
Councilmember Furfaro's question regarding the Hanama`ulu Triangle. My
question is and the question is being asked because of your comment regarding the
Lihu`e area... this particular area that I believe the lines are not larger enough I
guess. So my question is, do we have the capacity at the present time to service the
Hanama`ulu Triangle area?
Mr. Tschupp: A qualified "yes". And the qualification is that the
technical study and I have to introduce a different concept here now because it is
part of the answer to this question. The average flow, we are fine with, but what
happens when it rains and you get a lot of extra flow that you don't normally have
to handle because of leakage into the system, that is a peak flow. The pipes are...
they did some computer simulation, and concluded that the pipes are running full
under peak flow conditions now without the Hanama`ulu Triangle project. So that is
an undesirable situation which we feel that, you know, we don't want to have that
be something that is perpetrated into the future. In the short term, the saving
grace here is that those lines that the pipe is running full under peak conditions are
very deep. They are like 20 feet deep, so when the... when you have that pipe
running a little fuller than the fullness of the pipe or the size of the pipe, what
happens actually is that the wastewater will rise up in the manhole, and if the
system is shallow, then if you have water rising up in the manhole above the top of
the manhole, you have a sewage spill, and that is a very bad thing. That actually
was... if anybody remembers driving down to Lydgate Park and seeing a bunch of
big white rocks sitting along the side of the road, they were sitting on top of
manholes because that is a shallow sewage system that when we had peak
conditions, the wastewater would flow out of the top of the manhole, so we put big
white rocks on top of the manholes to keep the manholes from floating. We have
since constructed a larger replacement sewer line, so we no longer need to hold
them manholes down with rocks, but that is what we want to avoid is to have that
spill situation. Because the line is deep, we can tolerate some wastewater rising up
in the manholes as long as it doesn't get anywhere near the ground surface. The
projection is... the calculation is that will occur to about a foot, maybe a foot and a
half above the top of the pipe. So our call is, we can tolerate the peak conditions,
peak flow conditions rising a foot and a half high in the pipe when the pipe is 20 feet
deep for a period of time, but that is something that we have communicated to
Grove Farm who is the landowner, the ultimate developer that, we will let you go
ahead now with Hanama`ulu Triangle... you know, go forth and build and we've got
capacity at the plant will tolerate that... not consistent with the standard situation
for a limited amount of time, but you have to mitigate that, so we are partners on
that mitigation.
COUNCIL MEETING - 34 - • April 22, 2009
Chair Asing: And what would that mitigation be?
Mr. Tschupp: That is the relief line.
Chair Asing: Okay, you are talking about Ahukini or midway
coming down?
Mr. Tschupp: Right.
Chair Asing: Councilmember Bynum?
Mr. Bynum: Just to be sure that anybody listening to this
understands that you are talking about coming up a foot and a foot and a half above
the main.
Mr. Tschupp: Above the main.
Mr. Bynum: There is still 9...
Mr. Tschupp: 18 feet below the ground.
Mr. Bynum: I didn't want people to think that we are talking
about a foot from the surface.
Mr. Tschupp: Yes.
Mr. Kawakami: I just want to backup.
Chair Asing: No problem. It is wide open. Any question that
Councilmembers have, it is wide open.
Mr. Kawakami: That R-1... was is it a grading for the wastewater
effluent, is that the cleanest grade?
Mr. Tschupp: That is the highest quality recognized by the State
of Hawaii, Department of Health.
Mr. Kawakami: So, I mean, just to kind of qualify it. There were
some points made that it is environmentally sound to reuse it and we are talking
about R-1, aren't we? When we talk about reuse?
Mr. Tschupp: Right now, 3 of our plants are reuse plants. The
only one that isn't is `Ele`ele, and they are all classified as R-2 plants. There are
more restrictions on what you can do with R-2 water. For example, the new soccer
fields in Wailua right near the golf course and near the plant, those are irrigated by
COUNCIL MEETING • - 35 - • Apri122, 2009
subsurface drip irrigation with R-2 water. You can't spray R-2 water through a
sprinkler in places where there is going to be public contact. R-1 is allowable uses
that include like landscape medians and there isn't the setback restriction from
spray irrigation... it is actually acceptable for certain classes of food crops, and so
on, so it is a superior quality water.
Mr. Kawakami: I guess for the purpose of the general public that is
going to watch this, I mean, for the most part, there is a big label whether it is R-1
or R-2, a lot of people just see it as dodo and shi-shi water, so there is a lot of
misconceptions. So I am just... do you know what I mean? You know, when we
were talking about discharging into the ocean, is there a State kind o£ a State
perimeter or law that says that R-1 is acceptable at this time- to discharge into the
ocean? Because when we were speaking about KIUC and their process right now
and that water ultimately gets discharged into the ocean, are we aware of any
standards that have been set so far on what is acceptable?
Mr. Tschupp: Yes, and actually the discharge to the ocean is
governed under that... what I mentioned before the NPDS permit process, and that
is a more general kind of permit, so the cooling water, but wastewater plants are
one of the things that people look at as needing that kind of a permit, and that kind
of scrutiny. That is separate from reuse in the way that the Health Department
views it. They are actually almost different branches of Health Department, so the
permit writer for the ocean outfalls is the Clean Water Branch, and the permit
writer for injection wells is the Safe Drinking Water Branch because we are
protecting water quality for drinking water. And the Wastewater Branch is
generally the people who look at the reuse plants. They all have their own separate
set of rules and guidances, and it is our job to comply with all of them.
Mr. Kawakami: Thank you. It is just that I have my concerns
anytime we speak of discharging of any kind of... I don't care how clean, but I guess
that was just to calm my nerves when we talk about discharge, so thank you.
Chair Asing: Councilmember Bynum?
Mr. Bynum: Just sticking with the steam because I have learned
a lot about this over the last few years. First of all, the R-2 reuse that we are doing
at Kauai Lagoons and the Wailua Golf Course, that is sprayed aerial at night,
right?
Mr. Tschupp: Yea, I believe so, and part of that is the setback
from publicly occupied areas for R-2 is 500 feet.
Mr. Bynum: And the ability to close the course and not open it to
the public in those periods of time.
Mr. Tschupp: Correct.
COUNCIL MEETING - 36 - ~ Apri122, 2009
Mr. Bynum: And the water that is discharged in the ocean which
we do a lot less of than we once did, is that correct?
Mr. Tschupp: Yea, the Wailua Plant does have an ocean outfall,
but it is about 80 plus percent of the effluent is handled through reuse.
Mr. Bynum: And when we do ocean discharge, so that is like a
backup plan and that is all within the permitted use, and it is also that R-2 water
that is being...
Mr. Tschupp: That is correct.
Mr. Bynum: Which is permissible under that permit?
Mr. Tschupp: Right, and we do a lot of monitoring to, you know,
demonstrate or our compliance with our permit requirements.
Mr. Bynum: Generally, the water that we... defacto output is
better than R-2 in most instances, but not officially? Is that correct?
Mr. Tschupp: Particularly at the Wailua plant because we did a...
the Wailua plant actually has what is known as a tertiary filter, and that is one of
the things that distinguishes an R-1 from an R-2 is that the R-1 plant needs to have
a tertiary filter. We have that at Wailua, but at Lihu`e we don't, and at Waimea we
don't. So the quality of the Wailua R-2 water is higher on average than the
minimum standard for R-2. Because we do have that tertiary filter, it will be
difficult to get that plant classified as an R-1 plant because of the redundancy
issues. You need 2 filters so that you've got a backup, but we only have 1.
Mr. Bynum: And daily use we are putting that water through
the tertiary filter and if we had redundancy, it would be an R-1.
Mr. Tschupp: It would be moving towards R-1 absolutely.
Mr. Bynum: And what is Oahu doing... what are they
discharging into the ocean now?
Mr. Tschupp: The big issue on Oahu is... and I think most people
have probably heard of the $1.2 billion that they need to spend because of EPA
waivers, and all that stuff that has been in the newspaper. The Sand Island and
part of the Honouliuli plants which are their 2 biggest plants over there I think are
what is known as primary plants or somewhat enhanced from primary plants.
Primary plants is a settling kind of situation where they aren't actually doing a
whole lot of biological treatment. All of our plants have that secondary flavor to
them if you will where...
COUNCIL MEETING ~ - 37 - ~ Apri122, 2009
Mr. Furfaro: You said enzyme treatment.
Mr. Tschupp: All of our plants have the biological treatment
which the Sand Island plant actually lacks.
Mr. Bynum: So to say it in lay terms, Oahu is putting a very
large volume of water into the ocean that is not treated to the level that we are
treating it, and we are putting very little.
Mr. Tschupp: That is correct.
Mr. Bynum: Okay.
Chair Asing: Okay, any other questions Councilmembers? If not,
Ed thank you very much. I appreciate your thoroughness and your explanations to
us. Thank you again.
Mr. Tschupp: Thank you for the opportunity.
Chair Asing: With that, the rules are suspended and it is open to
the public. Glenn?
GLENN MICKENS: Thank you Kaipo. For the record, Glenn Mickens. I
just have a few comments. I really congratulate Ed for an excellent presentation for
his fine answers to all your questions. It was really refreshing for the people in the
audience. Since Ed is a true...
Chair Asing: Let me do this. I hate to break you up, but I just
got a note, 2 minutes to caption break.
Mr. Mickens: This won't take more than 2 minutes.
Chair Asing: Well, it doesn't matter, but, you know, we have
other speakers and would you just want to do your 2 minutes or do you want to
come back?
Mr. Mickens: If you will let me.
Chair Asing: I will let you. Go ahead.
Mr. Mickens: Thank you. Since Ed is a true wastewater expert, I
am wondering what his recommendation would be for the long range solution to our
wastewater. It appears that the short term solution we are implementing now or
preparing to implement, may cost us more than by going after the long range plan.
In other words, if as Ed said, development comes to reality, then we will need the
COUNCIL MEETING - 38 - ~ April 22, 2009
long range capacity to operate. Of course, the cost of these long range facilities as
Ed figures point out will be in the hundreds of millions of dollars, and I guess the
biggest question is, when is the best time to get these funds to implement the better
plan. And if capacity is reached sooner than later, we obviously cannot build a new
facility overnight. I don't know how long it takes, but I am sure that it is going to
take a while. There are multiple problems that must be addressed, but I hope we
listen to Ed, go after the big solution rather than trying to put aBand-Aid over a
ruptured artery. Anyway, thank you Kaipo.
Chair Asing: Thank you. Okay, with that, we will take the
caption break now. Thank you.
There being no objections, the Chair called for a recess at 11:30 a.m. The meeting
was called back to order at 11:48 a.m., and proceeded as follows:
Chair Asing: With that, Mr. Clerk, we will be continuing the
public testimony. With that, Bruce?
There being no objections, the rules were suspended.
BRUCE PLEAS: Bruce Pleas for the record. I am here as a private
citizen. Also for the record for the rest of this meeting, I am not affiliated with any
organization in the State of Hawaii or the .County of Kauai, or a lobbying group
that is registered or unregistered. I am a standing member of the Kekaha Host
Community Benefit Community Action Committee which is currently meeting in
Kekaha. I would like to thank Ed for his great presentation and for giving a lot of
information that people can understand for both the Council and the public. I just
have some general notes here. Self sufficiency, we need to really look at that across
the board. We need to reduce the energy cost of the Wastewater Treatment Plants.
We need to provide alternate energy capabilities in case of a normal energy
disruption. Look at alternate sewage solutions such as private residents,
composting wastewater systems, and the reuse of wastewater final product. That is
both the water and the solids. I really support R-1. The concerns that I have...
injection wells, these are not reuse. These are dangerous. These have been proven
dangerous across the United States. They do pollute and we really need to look at
alternatives to this. As I go... I will go through pretty much what we have
discussed. The R-1 water in the `Ele`ele could also be used at Port Allen, the Harbor,
and adjacent industrial businesses. If you want, there is a publication out that is
guidelines for the treatment use of recycled water. It is prepared by the Hawaii
State Department of Health Wastewater Branch. It has R-1 and R-2 uses... a table
of them of what they could be used. If you look at R-1 use, it could be used for
pretty much anything. R-2 has very... has quite a bit of restrictions on it, so it is
imperative that we go to R-1.
Moving to the Waimea area. The wastewater treatment building floods
currently. You have to look at the Kihi (inaudible) masterplans. I believe the
COUNCIL MEETING • - 39 - • Apri122, 2009
wastewater treatment area is a different place than it is now. What the area now
for the existing wastewater treatment plant has sports fields around it, so maybe
we need to look at the masterplan of I~ikiaola and possibly move the wastewater
treatment plant now instead of expanding at the present area because we have... I
don't want to have Lydgate... same type Lydgate thing where we have a wastewater
treatment: plant in the middle of our sports fields in Waimea, so please look into
that. The PV collector system along the back boundary, very good idea, but what
about all the roofs. Let's not use (inaudible) land that we have and we have flat
roofs there. I think that would be good too. As for Kekaha's sewer... I will take my
other 3 minutes.
Chair Asng: Go ahead.
Mr. Pleas: Okay. For Kekaha sewers, you said you had
something in 2003, but I don't remember anything in Kekaha about anybody asking
the Kekaha residents what they wanted. I think that needs to be done when you
are talking about sewers in Kekaha. Which is more cost effective for a sewer
system in Kekaha... building a separate sewage plant or individual composting
residential wastewater systems. You need to look into that for the cost. The
Department of Health also says 50 or more parcels shall be served. We have Kekaha
affordable housing, the County project going in. You may want to look at that
because I believe that is more than 50. You may have to take that into
consideration. Also that the information... 50 more parcels from the Department of
Health needs to be transmitted to the Planning Department and the Commission,
so they are reminded of that. I don't know if they really have that on their radar
right now at this point.
Let's see, so that pretty much covers everything that I have. Also, too in
Kekaha, you had your lagoon system. There is a large land area... the old mill
ponds that were used for wastewater and could be an area that is used for this. So I
thank you, I thank Ed for his presentation and everything, and I really believe we
have a person there and a Department Head that works real well. I have worked
with him over the last probably 15 years on a lot of different projects, and I have
good faith in him. Thank you.
Chair Asing: Thank you. Is there anyone else who wants to speak
on this item? Joe?
JOE ROSA: Good morning members of the Council. For the
record, Joe Rosa. I am here being that one time or another, I have worked when the
sewer system was sort of started in 1975 era. The State, when they redid the
Kapa`a Town road alignment installed a sewer line system from Hauaala Road to
the Waikaea Canal. At that time, it was on the plans that the State would put a
(inaudible) station in that (inaudible) which has a branch on the Waikaea Canal.
At that time, Mr. Joe... August Alguiar had the lease from the State. Now those
lands were even used when the County came in with their sewer system. They
COUNCIL MEETING. - 40 - • April 22, 2009
went through the town and they went in the back street, Kuku`i Street, and put up
the sewer system, and took it all the way to Wailua. Now, they said that the line
that the State put in was leaking, so they didn't use it, so they spent money putting
in a new line. Also, one draw back that I see and I hope you people be aware of it is
that Wailua Treatment Plant. If we have a tsunami then that plant is out, so what
are you going to do? It is a problem if you don't... if it goes off on the blink, it is
going to be destroyed by this tsunami. All your hotels is going to be with sewage
floating all around the place, on the street, in the hotels? We have to put it in a
better area that is out of a tsunami area. Think about it. Spend big money and
improve it, and yet one tsunami, it is wiped out. That is taxpayer's money. A lot of
this... what I have heard this morning, I don't see that anything is listed as
priorities. Where is our biggest problem as far as the sewer right now? Is it the
Wailua Treatment Plant, the Lihu`e Treatment Plant, the `Ele`ele, Waimea, you
know, set priorities, set goals, set an aim, set a target for it. Hence forth, you say 2
years, we will get it in 2 years. Even that Lihu`e Treatment Plant, we can do away
with 2 pump stations. We have one way down by the Hanama`ulu Beach Road, they
have one in Kapaia... when Kapule Highway was made in 1976, I mentioned at that
time, Steve Kyono and Harry Funamura, and I told them, why don't you guys wait?
You can get gravity flow to take it down to the Hanama`ulu Beach right where the
one pump station is in that subdivision and connect it right to the bridge, hang it on
the Kapule viaduct there, and go all the way to the treatment plant. That would
eliminate that problem right now like Ed said in Lihu`e Town because what came
from Hanama`ulu, they had go into Isenberg track subdivision, reroute their line,
and you got all that Hanama`ulu stuff coming into Lihu`e. They mentioned that
they are trying to work with Grove Farm and run one new line from Kuhio Highway
down to Ahukini Road.
There is no need for it if they just continue to Kapule going straight down.
Just hook it up from the end of that Hanama`ulu subdivision above the beach road
there. It is close to Kapule. Save big bucks, save big money. I know what I talking
because I have worked in the Waimea... when they put in that thing there. I will
worked with (inaudible) when they put these 2 septic tanks, one at Hanapepe Park
and one at (inaudible) house in Hanapepe. I know about this sewer system. I know
about the sewer lines, so some of these things you will have to set a priority. Which
is number 1? I can ask any of you Councilmembers which is the number 1 sewer
project that you would like to see get done and is the most critical. You can ask the
director of the sewer system which is the number 1 priority that he wants to have
done, and do it. Set an aim, set a target, set a goal, then you go for your funding
and make it be a reality in 2 years or 5 years. We cannot be scratching here,
scratching there like a bunch of chickens. We need some action and that is how we
go about it. Plan it, that is why I keep talking about even like some other projects
when I am here. Plan it, you get the funding, you go. Don't let it hang and dilly,
dilly, dally, but consider what I said about the Wailua Treatment Plant. It is in a
tsunami area. One tsunami, you are wiped out all the big bucks is spent. I know at
that time when the State did the Kapa`a sewer line, they were supposed to put a
plant in the Waika`ea Canal area, but then there was this talk about the community
COUNCIL MEETING • - 41 - ~ Apri122, 2009
college being in that land above the Wailua Marina there. So the (inaudible) State
put the plan there, they can put the college up there, but then it didn't work out, the
college came to Grove Farm, the sewer plant stayed there, then they had to do
something about it, so they started... the Kapa`a... the hotel resort area there.
Those are things that I worked and I know about it. I know this island like the
palm of my hand and you people ask for public input, and this is something that I
am shooting at you people that is positive. Think about it. I wouldn't restore and
spend big bucks on a sewer plant at Lydgate and at times I know. When I was
working there along the highway on State projects, I could smell that stink smell at
the golf course. So I don't think it belongs in a resort area right there, but as I said,
think about it. One tsunami, we are wiped out. Also, the Waimea area I was
working there when they were putting in that line, they had one big rain shower
one time and before the thing was completed, it was flooded out. So just think
about it.
Chair Asing: Thank you.
Mr. Rosa: Think about that Wailua plant like I said. It is
going to cost big bucks with one tsunami, then you have a bigger, bigger problem on
our hands. Thank you.
Chair Asing: Thank you.
Mr. Bynum: Thank you Mr. Rosa.
Chair Asing: Is there anyone else? Councilmembers, any
questions? I will call the meeting back to order.
The meeting was called back to order, and proceeded as follows:
' Chair Asing: Councilmember Kawakami?
Mr. Kawakami: I think Mr. Rosa brings some good questions, but
just for me individually, I would have to think as far as priority, for me personally, I
think Waimea Treatment because we are at 98% capacity and we restricting use to
our hookups and we are pushing for stimulus dollars and also Federal appropriation
moneys. So, you know, I think to start with it, that would be a top priority, so
thank you Mr. Chair.
Chair Asing: Thank you. Any comments? Councilmember
Furfaro?
Mr. Furfaro: You know, I think the point that has been
constantly talked about during this fine presentation from Ed is the Council
agreeing by mandate of long term planning to actually have facility plans updated
for all of us. And from this report, we can determine the kinds of priorities that we
COUNCIL MEETING - 42 - • April 22, 2009
have, and I concur with Councilman Kawakami the fact of the matter is, we now
know what plants are at what capacity, and we also know the mandate of 75%
capacity means that we have to start building some redundancy and upgrading the
facilities, so Waimea comes up to a very high priority. I also want to point out that
in 1957, we had a very dangerous tsunami hit the islands in Kauai in particular.
Yet, in 1962, 5 years after that, they chose to build the plant in Wailua. We need to
be better at understanding our needs and how we respond, but that seems to be
something that is out of our control, therefore, we are funding these planning items.
We did fund money for Waimea expansion to respond to Mr. Pleas and the fact of
the matter is, we only spent approximately $209,000 of that money until we had a
recommendation of the capacity that Waimea could handle, and then a contingency
on what we needed to do with Kekaha. Therefore, there is still money and that
study that, you know, could trigger more public input and that was the purpose of
this agenda item is to give us an update. I feel sometimes very offended when we
have dialogue that we talk about the value of planning, and then we have speakers
that come up that indicate that we are not thinking about these things. This is
exactly what this whole process is about. I will be asking for an update on those
moneys Mr. Asing. We have $600,000 for the Wailua/Kapa`a plan, we have
$400,000 for the Hanapepe/`Ele`ele plan, and we have $390,000 for the
Lihu`e/Hanama`ulu plan, and today gave us an opportunity to really understand all
of the facility needs for those plants to be in compliance with public health as well
as information that could be shared with our Planning Department. I think it would
be a good idea since the Commissioners at Planning do the long range planning for
our island, it probably would be beneficial for us to have the wastewater plans
shared with the Planning Commission as they go forward.
I also want to answer that the current rules if you build less than 50 units,
you can have self contained wastewater for housing. A perfect example of that is
the Titcomb Subdivision in Kilauea where because of the rulings, you could build 49
units on self contained systems, and that is the current code. There is nothing that
we can do. That is driven by the State of Hawaii. So I thought we had an excellent
overview. The most important thing that we can do on our island is to plan well and
understand the issues associated with the long term planning. So thank you and
thank you Mr. Chair for putting this item on the agenda.
Chair Asing: Thank you. Councilmember Bynum?
Mr. Bynum: Yea, I just want to say briefly that we went... we
have been going through our budget hearings and by and large that process makes
me feel good about the County of Kauai and our government and people that work
for us. We have challenges, but we also have outstanding people that are working
everyday to meet those challenges, and I appreciate the stewardship that
Mr. Tschupp is bringing to the Wastewater Division, and certainly increasing my
understanding of what our needs and challenges are. I feel pretty confident in his
leadership. I think he did an excellent presentation today.
COUNCIL MEETING • - 43 - • Apri122, 2009
Chair Asing: Any further comments Councilmembers? If not, I
would like to thank Ed for his presentation and for the answers that he gave to all
Councilmember's questions. I think they were excellent answers and reasonable
answers to all of the questions that were raised. However, I do agree with the
public testimony regarding, I guess, Bruce your comment regarding should the
building be raised rather than to a higher ground. I think that is an issue maybe
Ed you need to take a look again, look at it, if it is possible, that might warrant a
second look. The question of the tsunami area of Wailua, it is a tough one, but
maybe it could warrant a second look, and see what would happen if we were to do
something different whether that would be feasible, unfeasible, cost prohibitive, I
don't know the answer, but you might take a second look at that. With that,
Councilmember Furfaro?
Mr. Furfaro: And I do want to follow up on that comment
regarding the actual physical plant, the digesters, and all of those particulars
associated with Waimea. You know, 2 weeks ago, we had an opportunity to review
the Waimea plant for the facilities down at Waimea Plantation Cottages, and their _
masterplan of which wastewater was addressed in that. The other thing I do think
I overlooked is the fact of the matter that every plant's target is to become standard
R-1, and I think that is a goal of many operators across the nation. I myself have
run wastewater treatment plants and getting to R-1 offers great economic value in
the reuse of water, and those are in the goals that we have laid out for you. Thank
you Mr. Chair.
Chair Asing: Thank you. Any further comments
Councilmembers? If not, can I have a motion to receive?
Mr. Nakamura: We are on Resolutions Mr. Chair. This would be
Resolution No. 2009-40.
Resolution No. 2009-40 -RESOLUTION TO ADOPT THE FINAL WAILUA
FACILITY PLAN DATED SEPTEMBER 2008 PREPARED FOR THE COUNTY OF
KAUAI DEPARTMENT OF PUBLIC WORKS WASTEWATER MANAGEMENT
DIVISION AS THE WASTEWATER SYSTEM FACILITY PLAN FOR THE
WAILUA AND KAPA`A COMMUNITIES: Mr. Bynum moved to adopt Resolution
No. 2009-40, seconded by Mr. Kaneshiro, and carried by the following vote:
FOR ADOPTION: Bynum, Chang, Furfaro, Kaneshiro,
Kawahara, Kawakami, Asing TOTAL - 7,
AGAINST ADOPTION: None TOTAL - 0,
EXCUSED & NOT VOTING: None TOTAL - 0.
Chair Asing: Next item please?
Mr. Nakamura: The next Resolution for approval is Resolution No.
2009-41.
COUNCIL MEETING - 44 - • Apri122, 2009
Resolution No. 2009-41 -RESOLUTION TO ADOPT THE FINAL LIHU`E
WASTEWATER FACILITY PLAN DATED DECEMBER 2008 PREPARED FOR
THE COUNTY OF KAUAI DEPARTMENT OF PUBLIC WORKS WASTEWATER
MANAGEMENT DIVISION AS THE WASTEWATER SYSTEM FACILITY PLAN
FOR THE LIHU`E AND HANAMA`ULU COMMUNITIES: Mr. Bynum moved to
adopt Resolution No. 2009-41, seconded by Mr. Chang, and carried by the following
vote:
FOR ADOPTION: Bynum, Chang, Furfaro, Kaneshiro,
Kawahara, Kawakami, Asing TOTAL - 7,
AGAINST ADOPTION: None TOTAL - 0,
EXCUSED & NOT VOTING: None TOTAL - 0.
Chair Asing: Next item please?
Mr. Nakamura: The next Resolution for adoption is Resolution
No. 2009-42.
Resolution No. 2009-42 -RESOLUTION TO ADOPT THE FINAL `ELE`ELE
FACILITY PLAN DATED JULY 2008 PREPARED FOR THE COUNTY OF KAUAI
DEPARTMENT OF PUBLIC WORKS WASTEWATER MANAGEMENT DIVISION
AS THE WASTEWATER SYSTEM FACILITY PLAN FOR THE HANAPEPE AND
`ELE`ELE COMMUNITIES: Mr. Bynum moved to adopt Resolution No. 2009-42,
seconded by Mr. Kaneshiro, and carried by the following vote:
FOR ADOPTION: Bynum, Chang, Furfaro, Kaneshiro,
Kawahara, Kawakami, Asing TOTAL - 7,
AGAINST ADOPTION: None TOTAL - 0,
EXCUSED & NOT VOTING: None TOTAL - 0.
Chair Asing: Next item please?
Mr. Nakamura: The final Resolution is Resolution No. 2009-43.
Resolution No. 2009-43 -RESOLUTION TO ADOPT THE FINAL WAIMEA
WASTEWATER TREATMENT PLANT FACILITY PLAN DATED JANUARY 23,
2009 PREPARED FOR THE COUNTY OF KAUAI DEPARTMENT OF PUBLIC
WORKS WASTEWATER MANAGEMENT DIVISION AS THE WASTEWATER
SYSTEM FACILITY PLAN FOR THE WAIMEA COMMUNITY: Mr. Bynum moved
to adopt Resolution No. 2009-43, seconded by Mr. Kaneshiro.
Chair Asing: Any discussion?
Mr. Furfaro: Yes, Mr. Chair, again, I will be asking to send over
a communication just to give us some financial update on the moneys that we have
COUNCIL MEETING • - 45 - • Apri122, 2009
set aside in the Operating Budget, and spent so far in these plans, these facility
plans, and I wholeheartedly will be supporting this resolution.
Chair Asing: Thank you. With that, any further discussion? If
not, roll call please?
The motion to adopt Resolution No. 2009-43 was then put, and carried by the
following vote:
FOR ADOPTION: Bynum, Chang, Furfaro, Kaneshiro,
Kawahara, Kawakami, Asing TOTAL - 7,
AGAINST ADOPTION: None TOTAL - 0,
EXCUSED & NOT VOTING: None TOTAL - 0.
Chair Asing: Next item please?
Mr. Nakamura: Council Chair, at this time, if we could go back to
page 2 of the Council's agenda for communication C 2009-157.
C 2009-157 Communication (04/09/2009) from the Director of Parks &
Recreation, requesting agenda time to provide an update and status report on the
County's bicycle/pedestrian pathway project Phase II - Kapa`a Lihi to Kuna Bay:
Chair Asing: With that, I would like to suspend the rules.
There being no objections, the rules were suspended.
Chair Asing: Kylan?
KYLAN DELA CRUZ, DEPUTY DIRECTOR OF PARKS & RECREATION: Good
afternoon Councilmembers, Kylan Dela Cruz for the Department of Parks &
Recreation, Deputy Director. I just want to clarify that this update is for Phase II of
the bike and pedestrian path from Lihi comfort station to Kuna Bay. The- last
update was on November 19.
Chair Asing: Hang on a little bit.
Mr. Dela Cruz: The last report we did was on November 19, 2008
and the reason why we hadn't done a quarterly report earlier was because there
was still... because we were nearing the end phase of the completion of the Phase II
portion. We decided to wait a little while until we got... until we had a more
definitive time as to when we were going to complete this portion of the bike path. I
did state in the last Council meeting that we were planning to open up the bike
path prior to the Summer, so this is the bike path task force, and this is the area
that we are covering roughly about 1.8 miles. Again, we are nearing completion,
but this is just a reminder that north of the Kealia comfort station roughly about
COUNCIL MEETING. - 46 - • Apri122, 2009
1 mile up to Kumukumu Stream, the Kumukumu ~ Stream bridge, we had the
rock-fall mitigation hazards, so we wanted to remind the public that this is still
closed to the public until the appropriate fencing and signage is addressed. So far,
as the work completed, we installed the safety fencing north and south of Kealia
Bridge. This is at the request of the State Department. I have photos that will kind
of depict the issues that we have with this right now, but the fencing has been
installed, and a fence post in the designated rock-fall buffer zone areas A and B has
been installed. Area A is from Otsuka's to Kealia Bridge and then area B would be
from north of Kealia comfort station to Kumukumu Stream. The fencing has been
installed at rock-fall buffer zone area A which is basically the lookout area at Kealia
Lookout in front of... fronting the Kealia Lookout. Hazard warning signs and rock-
fall and hazardous cliffs for buffer zone area B is completed. Sign, pavilions,
trailheads are completed. Basically, these are the signs for the overall maps that is
going to be in place in these sign pavilions. They are complete and I have pictures
for that. Path interpretive signage... this was delayed and will be covered in...
during the work during Phase III. Work to be completed... finishing up the fencing
of that rock-fall buffer zone area B. Basically, the fencing is up, but we still need to
install the gates there.
Installation of hazard warning signs and rock-fall buffer zone... there were
some corrections that we needed to do with some of the signs as far as the direction
of the signs, and there was a few more signs that we needed to still install. And
landscaping by contractor... currently, it is ongoing as we speak. The landscaping
is being done using a... we were trying to actually use the natural vegetation, native
vegetation around the area, as well as placing a little bit more vegetation.
Maintenance by our department as well as the volunteer groups consist of
the following: Path user safety... basically volunteer groups as well as our Park
Rangers are going and educating the public on the path as far as the, you know, the
safety aspects of the path. Path inspections: we have... as our maintenance crew
goes out there, they are looking for any type of cracks, you know, and other issues
that we are meaning to address. Trash removal and the following... mow and
vegetation. Again, I have photos for all of this. The next steps are to have the
official opening of the Phase II bike path from Kapa`a Lihi to Kuna Bay. We had a
soft opening at the... from Lihi to Kealia Beach on February 15, and we plan to
have an official opening for the entire Phase II portion of the path on June 20. I
apologize for the public. I know there was some... some of the public wanted to
make some comments pertaining to the Phase III portion of the bike path, but,
again, it will be covered in the next quarterly meeting. Here is some of the fencing
that was installed. This the area where Department of Transportation requested to
install some fencing. As you can see on the left hand side, there is a fencing along
this area here as well as the far side, but maybe about a week or 2 the fence was
installed, the gates were stolen.
Chair Asing: What?
COUNCIL MEETING • - 47 - • Apri122, 2009
Mr. Dela Cruz: The gates were stolen, so we are working with the
Department of Transportation to see what next course of action we can take. Our
recommendation is maybe just to put a... because this is a chain link fence and it is
easily, you know, if maintenance needs to be done, we can easily remove it rather
than just place a gate there with the possibility of someone stealing the gates.
Okay, this is the fencing along the rock-fall buffer zone area A which is
basically in front of the Kealia Lookout, so the fencing is completed. So these are
warning hazard signs installed... these are just examples here, area A. Here is the
fencing installed along area B which is north of Kealia comfort station in Kuna Bay.
Again, the gates hasn't been installed yet although fencing is completed. This is the
area north of Kealia comfort station. Some of the vegetation... naupaka which our
landscapers had placed in there. If you look down, this is the naupaka here and
this is like succulence, and other natural vegetation that we are encouraging just
the natural terrain to recover itself there.
This gate here is a gate just south of Kumukumu Stream and if you look on
the edges here, there is mulch. It is basically mulch. We worked with the Solid
Waste as to arranging to set aside some moss, so we can do maintenance work on
that. This here is a rip rap. This is the area of Kealia Kai. This trail here goes up
to Kealia Kai comfort station. During the December 2008 rain, we encountered
some problems with the erosion over here, so we addressed it with adding an
extended rip rap there to prevent the erosion. A lot of the rain would come... would
be flowing straight from the path downward and it caused some erosion in this area
here as well as over here, and the sides over here, so we addressed that with
extending the rip rap.
Disregard this here. It is actually the beginning part of the trail north of
Kealia comfort station. This is just a temporary fencing. The fencing... if you look
down to the bottom right photo, this here will be the fence... the gate areas here,
fencing and gate areas parallel to the bike path itself... bike and pedestrian path,
and eventually this area would be removed. The signs of pavilions completed at the
Kapa`a and Kealia... this is the example of the signed pavilions... this is Kealia
comfort station and this is the one at Lihi comfort station. Some of the maintenance
work that we are doing is grass cutting, trimming of the hedges, sweeping of the
gravel and dirt that has accumulated along the path. If you see here, this is an
example of one of the dog dispensers that we have there. This is at Kapa`a
Neighborhood Center, in front of Kapa`a Neighborhood Center. We do maintenance
of the signs along the path. We are required by the Department of Land & Natural
Resources to inspect the signs quarterly, and make a report for each sign, and we
provide an annual report to DLNR on each sign that is in place along this bike path.
We just recently sent an annual report on March... last month to DLNR.
Some other problems that we are encountering is the graffiti. This is one of
our pavilions as well as vandalism, so we try to address it once it is identified by the
COUNCIL MEETING. - 48 - ~ Apri122, 2009
public as well as our caretakers. We try to get it fixed within 5 days and that is the
end.
Chair Asing: Thank you. With that, Councilmembers, any
questions? Councilmember Bynum?
Mr. Bynum: Thanks for that Kylan. I just have 2 really quick
comments. One is that I really appreciate that quick graffiti removal that... when
you do that, the people eventually less likely to do it again, so it is really good
initiative. And also the fencing material that you chose there with the dark colors,
and esthetically is better... we first saw that Wal-Mart when they put it up and
kind of blends into the background, and that is pretty old, and I know that
materials are better quality grade, so that will help us with maintenance in the long
run, so thanks for a good report.
Chair Asing: Any other comments, questions Councilmembers?
Councilmember Chang?
Mr. Chang: I guess it is very obvious, but first of all, it is a little
bit disheartening that the gate would be installed and then ripped off right after,
but I guess the gate was installed in the first place to stop vandalism, graffiti...
Mr. Dela Cruz: Well, more of a safety buffer, but unfortunately, as
well as our temporary gates north of Kealia comfort station, that also has been
removed a couple of times, and we had to go in there and replace it or fix it.
Chair Asing: Councilmember Kawakami?
Mr. Kawakami: Thank you Mr. Chair. You know, I had a concern
brought to my attention and it has to do with our Police, Fire, and emergency
responders on the path. Currently, right now, there is no location identifier. So say
someone that is unfamiliar with the path, if they get hurt, and they are calling in an
emergency, they would have a difficult time explaining to dispatch exactly where
they are, so some of the ideas that were tossed around is, you could use place names
or even identifying numbers. Councilmember Bynum brought up the idea too, so
identifying numbers, so that when they do call, if they do call, there is someway to
identify the location. You guys took that into consideration?
Mr. Dela Cruz: Yes, we had a meeting... a couple of meetings with
the Fire Department. We plan to discuss this with the Bike Task Force and bring
in the emergency responders, KPD, Fire Department, as well as the paramedics,
and try to come up with a consensus as to how we are going to address this. We
understand that this is a concern, but we want to make it as user friendly to the
public as possible. We did consider using names to the segments of the path and
maybe have like identifiers like, you know, painting a turtle for that segment of the
path, but we also want to make it user friendly for the public when they use the
COUN IL MEETING ~ - 49 - • A ri122, 2009
C P
path to identify, you know, when they walk the path, they want to know the
distance that they are walking. So we want to make sure that we incorporate all of
these factors and come up with a consensus as to how we are going to address that
as well as addressing the emergency... the concern for the emergency responders.
Mr. Kawakami: Okay, thank you.
Chair Asing: Any other questions or comments for Kylan?
Mr. Furfaro: This is more regarding the next update. We are
going to come across some areas...-you give us quarterly updates, can I assume that
the next phase update will be sometime in June.
Mr. Dela Cruz: June or July timeframes.
Mr. Furfaro: And notice that the State has begun work along the
Wailua Bridge and so forth, and along the edge of the roadway there. Are you
working with the Planning Department in advance of us going to the next Phase I
on any requirements for CDUP's and/or is that something being handled by the
State since it is a joint project?
Mr. Dela Cruz: I have to get back to you on that. We are working
with Doug Haigh on the issue.
Mr. Furfaro: Just because, you know, Wailua Nui is a very
special place and I want to make sure since the State has started some work, there
is a clear understanding. Are we piggybacking on the State's CDU permit for the
purpose of conservation areas, and I would like that to be part of your next update.
Mr. Dela Cruz: Okay.
Mr. Furfaro: But I would encourage you to work with Planning
on that right now or encourage Doug to work them. So that is the only questions
that I have right now.
Chair Asing: Okay, any other questions, comments, for Kylan?
Okay, if not, before calling the meeting back to order, I will have comments from the
general public, so I am going to open it up to the general public for their comments.
With that, Glenn?
GLENN MICKENS: Thank you Kaipo. For the record, Glenn Mickens. I
guess I have some questions that never seem to be answered. I hope you
Councilmembers all have the same questions. You have a copy of my testimony and
I, again, have given you a copy of my last testimony, and I would appreciate your
re-reading it carefully, and give me and the public answers to these questions.
Regardlessly, Lihi to Kuna Bay section of the path. One, who can give me the
COUNCIL MEETING. - 50 - ~ April 22, 2009
estimated total of this segment of the path. I never hear figures attached to these
things Mr. Dela Cruz. This should include allowances for change orders, the
mitigation of the rock-falling areas and other cost that the public has not been told
about. If this amount is not knowing, when will it be known. Two, what happened
to the equestrian path that horse people testified over and over in these Chambers
that they wanted. It is was originally programmed to parallel the bike path from
Lihi to Anahola as I am sure except for the new members, all remember that.
Three, the people in Anahola said as Shaylene stated that they don't want this path
in their area, so what documentation do you have showing that this community has
changed their minds. Four, I didn't see money added to this year's budget for the
added maintenance cost for this segment of the path. What will that cost be and
where is the funding... cleaning and maintenance of the pavilions, the restrooms,
and keeping the path clean. As you just heard, graffiti on the walls are going to
have to be keep on being painted and repainted. We don't even turn around and the
gate is stolen from down there. Five, when the path in front of Pono Kai gets torn
up in fixing the revetment wall, how much will it cost to replace. As Mel and
Shaylene asked and where will the money come from.
Six, the ordinance says, no motor vehicles will be allowed on the path, and
yet by the neighborhood center, and I brought this up before, but I haven't heard
anybody address it. And at Kealia Beach, cars drive across the path and by the
swimming pool even drive and park on it to get to their homes. This is a liability
factor waiting to happen. In fact, I understand that a woman fell off of her bike up
there... a car scared her or something happened up there, but somebody fell off their
bicycle, so why isn't it corrected? Well, will any type of motor vehicles be allowed on
the path for maintenance. Seven, can anyone on this Council get me a copy of the
EA or EIS that was supposedly done for this segment of the path? Federal
regulations state that a FONSI, a finding of no significant importance, must be
done where there is significant impact to the area, and certainly, the people who
live along this path are being impacted by its use. Eight, can anyone on this
Council or in Parks & Recreation get me a copy of the contract between the Feds
and the County showing what exactly the Feds are funding and how closely we are
following their guidelines? Was the stipulation that this path be one continuous
path or could it be segmented that will probably never be joined. These and many
other questions have never been answered. I have a list of 23 more that you guys
saw... Mel and Shaylene put up before this Council for over a year it came on the
agenda, but they were never addressed.
When are we going to get answers to this (inaudible) that a few on this island
will ever benefit from? So, you know, you keep on hearing me say these same
things, and I keep on waiting to see answers given to them, so I would appreciate,
you know, you members, and you new members in particular... Daryl, anybody,
should have these same questions that I am having about this path. So I would
appreciate a response. Thank you.
COUNCIL MEETING • - 51 - ~ Apri122, 2009
Chair Asing: Thank you. Is there anyone else? Bruce? Thank
you Bruce. Joe?
JOE ROSA: Good afternoon. For the record, Joe Rosa. Well, as
usual, I am always staying here to give my opinion from friends that talk to me
about it from previous years... from 2006, 2007... I mean 2007, 2008, and up to now
about that bike path. From what I have seen by passing by, I don't see the
enforcement or the Enforcement Officers. How can you tell an Enforcement Officer?
They are supposed to have uniforms from what I understand, but I don't see them. I
go to parties at Lydgate Park and I don't see them. I think if there is going to be
enforcement, it should be from 6 o'clock... from daylight to sunset, whatever time.
So where is the enforcement, totally. I see bicycles with no tax. I thought they are
supposed to have bicycle tax and also with the dogs, but I seen a bike there, no tag.
It is supposed to be visible, somewhere on the steering wheel or on the bottom of the
seat like when we were young we were told by the Police Department. Either on the
front on your steering wheel under that nut there or under your seat where it is
visible. This particular bike, I have seen it, on tag, so where is the enforcement?
Where is Becky Rhoades and her Humane Society enforcers? She is one that said
that they would be working and helping the Parks & Recreation people with the
enforcement. It is just talk. Talk is cheap, but no action. Also, on that Kealia to
Kuna Beach, that area where they have that so-called rock-fall problem, a chain
link fence ain't going to work. Can't they look into some strong prefabricated nylon
netting that can withstand the erosion problem that the Mahelona sewer plant has.
Every so many years, they have to change it whether it is with a plastic coated type
that they have or the regular galvanized chain link fence. It is a problem. Check
with Mahelona. I've seen it changed how many times and you are going to put a
netting of galvanized chain link fence over there? That is expenses that is going to
be continuously. Look into nylon nets with anchors that could be utilized. There
are a lot of things out there... this whole project hasn't been planned from the start.
Like I told Doug Haigh when he spoke from this seat here, where are your plans?
And you have Federal funding and I talked to Mr. Patrick Phung yesterday about
the whole thing. I said, the intent of that pathway was for transportation and it is
not being used for people to get from point A to point B. That is transportation, not
recreation that they go up and down, up and down, this is a health path. That is not
the total intentions of that whole thing, so those are the things, and yet, as I say, we
ask for time and time again for figures through Mel and Shaylene, there is still
nothing that comes out with figures. Like I said, when I worked with the State, the
Feds, usually would account for every nut, bolt,. and screw that is used on a ,
particular project. So, anyway, like I said, the thing is, lot of things... like I told
Patrick yesterday also, I have never heard or seen a Federal inspection done on the
whole project. So before something comes falling down on the County's lap, I think
they should do some kind of inspection with the Feds. Thank you.
Chair Asing: Thank you. Is there anyone else? Bruce?
COUNCIL MEETING. - 52 - • April 22, 2009
BRUCE PLEAS: Bruce Pleas for the record. For Councilmember
Kawakami's question about trail markers. I would suggest that mile markers
similar to the roads and either one-quarter or one-tenth mile increments which
could also be along the side of the path or written on the path in paint, so they are
visible. Also, I would suggest that you would start at the beginning of the path
which I believe is Lihu`e and figure out how the mileage is and for each segment
like in Wailua, that would start at 5 miles and go to 7, so you wouldn't have to
renumber them as you go along, and then make that information available to our
emergency services, so if a call comes in and says that I am on the bike path, 5.3
miles, they will know where to go. That is just a suggestion to throw out and
hopefully Parks takes it onto emergency services too. That is just my outlook on
that. Thank you.
Chair Asing: Thank you. Anyone else? If not, I'd like to call the
meeting back to order.
The meeting was called back to order, and proceeded as follows:
Mr. Furfaro: I appreciate Mr. Bruce Pleas' comments on the
graphics. I do believe though that at the end of the entire project, there is a graphic
portion of signage that goes with the whole parcel. It was part of the award
winning bid that came through PBR I think at that time, so there is a graphic's
project. The other thing that I would like to do despite what is earlier said, there is
a complete budget detail in this book here. It shows encumbered to date about
$18.3 million. I am charged to date and they have been encumbered by contracts,
$20.7 million, so I am going to give this to Mr. Rosa and Mr. Mickens, and they can
have dialogue with the Parks Department from my copy. But there is a budget
summary in this book and there is at each presentation that we get.
Chair Asing: Thank you. Councilmember Kaneshiro?
Mr. Kaneshiro: I just wanted to add upon Councilmember Furfaro's
comments is that of this total Mr. Mickens, this might interest you because the total
expenditure for the County is actually only $557,027, so just as an example even
though there was up to almost $22 million in funding, so far this is what the County
has appropriated and funded. So you will have an opportunity to look at that
breakdown which Mr. Furfaro just passed out. Thank you Mr. Chair.
Chair Asing: With that, Councilmember Bynum?
Mr. Bynum: I would like to say that whenever we have the path
on the agenda, we know that we are going to hear from Mr. Mickens and I have to
admire his tenacity and his, you know, his well known opposition to anything
related to this path. However, it tries my patience because many of these questions
have been asked and answered repeatedly and I think Mr. Mickens knows that.
There are answers to all of these questions and he continues to say the same things
. •
COUNCIL MEETING - 53 - Apri122, 2009
which are not accurate over and over again, and then it becomes (inaudible) in the
community when people say, oh, well, this... when these questions have been asked
and answered. You know, I appreciate the updates that are happening and I am
going to encourage the next update and include information about enforcement
which is occurring, and that we give those more details, but these questions have
been asked and answered many times.
Chair Asing: Thank you. Any further discussion?
Councilmember Chang?
Mr. Chang: Yea, thank you. I just had a comment and I just
want to follow up with Mr. Rosa first of all. I think if I am not mistaken when you
make reference to the bicycle tags, the ones that we used to have visible with the
numbers and what have you... I have license on my bicycle and it is not that visible
type under the seat or on the spoke or axle. You actually put a label on the frame,
so unless you are up against the bike, you are not going to be able to see. It is a flat
label that is on the frame and that is how you get your license. That was number 1
and number 2, I think you had mentioned a little bit about the bike path being a
transportation mode, and then you alluded that it has become a health... a health
issue or an opportunity. There are so many people nowadays that I believe are
extremely health conscientious. Some people have quit smoking, weight watchers,
you know, I see a lot of joggers, a lot of people riding the bike, and I think the
hidden valley and I think what the majority of the people appreciate is that, you
know, in this day and age, if you can watch the sunset, you can get into a very
therapeutic mode or a thinking mode, and share a little tranquility along the bike
path. I think that is something that is immeasurable because I am hoping that a lot
more people are getting health conscientious and realize that we are all getting
older, and I see people on that bike path, and honestly, I see them enjoying it (both
the local people and the visitors). I am glad that you mentioned that that is part of
the health part because it is very well utilized throughout the different parts of the
path and I get happy seeing the path, and I am excited to once again reacquaint and
explore it... it just saddens me that the community and the County is trying to do so
much for this County that appreciates the path, and yet we find out today that once
the gate is put up, the gate is vandalized and taken, and not only that gate, but
others° that we hear of and to see vandalism is just unfortunate that a few bad
~ apples out there are going to explore... really kind of damper the whole experience
that many people just enjoy both physically and psychologically, so thank you for
your comments. Mahalo.
Chair Asing: Thank you. Councilmember Furfaro?
Mr. Furfaro: Thank you and I also want to make note of Bruce's
question earlier on. I asked about the CDUP for the next phase and I hope the
group moves forward. I reference Bruce's question about the EA, but we are
piggybacking on the State permits I believe, but it is a sure question that we should,
COUNCIL MEETING - 54 - ~ Apri122, 2009
you know, look at that at the next phase on the... you know, the conservation
district use permit especially since we are piggybacking with the State.
Chair Asing: Thank you. Any other comments?
Mr. Bynum: Yea, just real briefly because I did appreciate the
comments about bicycle stickers and it is something that we need to look at. I mean
most of our bikes are not licensed and should be and I know in Oahu when I bought
a bike for my daughter, you got the license right there at the retailer, and I think
that is something that we should look at about how we can encourage more bicycles
to be licensed. Also, Mr. Kawakami and Mr. Pleas about mile markers and part of
the difficulty is we don't know exactly the distance from the starting point because
all the segments, the exact routing hasn't been chosen. I know there is a
community effort underway to do those kind of mile markers when we work out the
logistics both as a safety thing, and also as people wanting to know, how far did I go
today or how far did I jog, and it will be a great addition to the path that I think will
come.
Chair Asing: Go ahead.
Mr. Chang: And if I can, you know, the beauty of that segment
that we are talking about specifically, it is not a far distance, so you can pretty
much gage through time that I... it approximately about 1/z a mile in or
approximately 1 1/a mile in... it took me 15 minutes to walk there and by then I am
sure a lot of the rescue and Firefighters and Police Officers are, for most part,
familiar with that area. It is visible. It is not in the mountains where you can get
lost without being seen. It is somewhere visible. Thank you.
Chair Asing: Any other comments? If not, I would like to call
Kylan back again. Kylan, please.
There being no objections, the rules were suspended.
Chair Asing: I had a question Kylan on the fencing. Is the
fencing galvanized?
Mr. Dela Cruz: That is correct, but it is coated.
Chair Asing: Is that the galvanized and coated?
Mr. Dela Cruz: It is a latex type of coating over the galvanized.
Chair Asing: That is different from the green type of fencing that
has the...
COUNCIL MEETING • - 55 - • Apri122, 2009
Mr. Dela Cruz: Somewhat similar, but we tried to get a type of color
that would more so blend in with the surrounding terrain.
Chair Asing: I would think green would blend in more than the
galvanized. My only reason for asking that question because I am so familiar with
my former work with Hawaiian Telephone on the corrosiveness of the area. It is
extremely corrosive and we've had... we are talking about three, 8 inch stainless
steel that get corroded over a period of time. That is how bad it is, so, you know, it
might be expensive, but I am not sure, you know, whether it would pay, but if we
are going to have to take it down and replace it every 2 years or so, then, you
know... anyway, are you looking at that?
Mr. Dela Cruz: We are looking into that... particularly with the
fence as well as the sign, the signage post as well.
Chair Asing: Okay, thank you. I appreciate that. With that, I
would like to call the meeting back to order. '
The meeting was called back to order, and proceeded as follows:
Chair Asing: Can I have a motion to receive?
Mr. Kaneshiro moved to receive C 2009-157 for the record, seconded by Mr. Furfaro,
and unanimously carried.
Chair Asing: We are going to take a lunch break and come back
at 1:45 p.m.
Mr. Furfaro: And we are going to start the public hearings then?
Chair Asing: Yes, thank you.
There being no objections, the Chair called for a recess at 12:50 p.m. The meeting
was called back to order at 3:09 p.m., and proceeded as follows:
Chair Asing: We are going to move into executive session, so I
would like the County Attorney to please read the executive session.
There being no objections, the rules were suspended.
ALFRED CASTILLO, JR., COUNTY ATTORNEY. Council Chair, this is on
ES-381.
ES-38'1 Pursuant to Haw.Rev.Stat. §§92-4 and 92-5(a)(4)(6) and (8), and
Kauai County Charter §3.07(E), the purpose of this executive session is to provide a
Council briefing on Gerard R. Bosma, et al. v. James H. Pflueger, et al., Civ. No. 08-
COUNCIL MEETING - 56 - • Apri122, 2009
1-0052 (Fifth Circuit Court); Ronald and Gina Calisher v. James H. Pflueger, et al.,
Civ. No. 07-1-0106 (Fifth Circuit Court); Bruce Fehring, Individually and as Special
Administrator of the Estates of Aurora Fehring, et al. v. James H. Pflue~'er et al.,
Civ. No. 06-1-0082 (Fifth Circuit Court); and Bette Midler, et al. v. James H.
Pflueger, et al., Civ. No. 06-1-0110 (Fifth Circuit Court) and related matters. This
consultation involves consideration of the powers, duties, privileges, immunities
and/or liabilities of the Council and the County as they relate to this agenda item.
AMY ESAKI, FIRST DEPUTY COUNTY ATTORNEY• As far as the, second agenda
item for the executive session which is...
Mr. Kaneshiro: For the record, your name please.
Ms. Esaki: I am sorry. Amy Esaki, Deputy County Attorney.
It is ES-382 and I will read that.
ES-382 Pursuant to Haw.Rev.Stat. §§92-4 and 92-5(a)(4) and (8), and
Kauai County Charter section 3.07(E), the Office of the County Attorney requests
an executive session with the Council to provide the Council a briefing on Margaret
H. Sueoka v. County of Kauai, EEOC Charge No. 486-2009-00268 and/or related
matters and/or subsequent legal proceedings resulting in any way from this matter.
This briefing and consultation involves consideration of the powers, duties,
privileges, immunities and/or liabilities of the Council and the County as they relate
to this agenda item.
Chair Asing: Thank you. With that, I would like to call the
meeting back to order.
The meeting was called back to order, and proceeded as follows:
Chair Asing: Can I have a motion to move into executive session?
Mr. Kaneshiro moved to go into executive session on item ES-381 and ES-382,
seconded by Mr. Furfaro, and unanimously carried.
Chair Asing: We are going to take ES-381 first.
There being no objections, the Chair called for a recess at 3:10 p.m. The meeting
was called back to order at 4:30 p.m., and proceeded as follows:
Chair Asing: Mr. Clerk, can we have the next item please?
Mr. Nakamura: Mr. Chair, we are on bills for second reading on
page 4 of the Council's agenda. The first bill for second reading is Bill No. 2299.
BILLS FOR SECOND READING:
COUNCIL MEETING ~ - 57 - • Apri122, 2009
Bill No. 2299 - AN ORDINANCE AMENDING ORDINANCE NO.
B-2008-672 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE
COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR
JULY 1, 2008 THROUGH JUNE 30, 2009, BY REVISING THE SURPLUS
ESTIMATED IN THE GENERAL FUND (Appropriation of $40,203 from the
General Fund to Building Lease, Fire):
Chair Asing: Before I entertain a motion, I think what I would
like to do is I believe you are going to make a presentation, am I correct? Chief or
Ed Renaud? I am not sure and I see you here and I thought you were going to make
a presentation. You are not going to say anything?
There being no objections, the rules were suspended.
ROBERT WESTERMAN, FIRE CHIEF: For the record, Robert Westerman,
Fire Chief. I guess. Chair I depended on what you were going to do. If you were just
going to vote on a motion to pass the bill and unless you have additional
information, I have nothing, but if you plan on doing something else, I would like
the opportunity to make comment at that time.
Chair Asing: Okay, fair enough.
Chief Westerman: Or if you have any questions.
Chair Asing: Okay, well, why don't we hang on and
Councilmembers, any questions for the Chief?
Mr. Furfaro: I just have one right now. So, Chief, this amount
here, the $40,203, I just want to make sure in the next Operating Budget you have
a lease rent in there on a monthly basis?
Chief Westerman: Yes Sir.
Mr. Furfaro: And what is that monthly amount?
Chief Westerman: Well, it is based on trying to pre-negotiate some
idea of a contract, but we have $100,000 in the line item in there to cover what we
are thinking is going to be anywhere from about $90,000 to $95,000. I don't want
to... we are not negotiating a contract and I don't know if maybe I should say that.
Mr. Furfaro: No, no, no, and I just want to make sure that I
understand that beyond the June 30 of this year and the budget that has been
submitted, there is some additional money contingent on this move happening.
Chief Westerman: Yes Sir.
COUNCIL MEETING - 58 - ~ April 22, 2009
Mr. Furfaro: Okay, and in our last conversation, you indicated
that it would not be more than a total of 24 month period?
Chief Westerman: The...
Mr. Furfaro: The potential of being located in an alternative
location.
Chief Westerman: Yes, originally, but I think Public Works has a
better idea of what the current timeline might be. Of course that would be the case.
I would love to get into Pi`ikoi as soon as possible, but I don't know what the current
timelines are based on the options that they have available to me to move into
Pi`ikoi, so they might be able to answer that.
Mr. Furfaro: Chief, I will ask Public Works that question.
Chair Asing: Hang on. We will hold that' one and in the
meantime while the Chief is up, does anyone else have any questions?
Mr. Kaneshiro: Chief, what about the building itself, the hardening
of the building or getting yourself into the building, and how soon would that be?
Chief Westerman: As soon as we could possibly negoti...
Mr. Kaneshiro: No, I want like how soon. I don't want as soon as...
can you tell me that you have all your office setup by tomorrow?
Chief Westerman: No, I cannot have it setup by tomorrow.
Mr. Kaneshiro: Well, what is it? That is what I mean.
Chief Westerman: Well, from the time we get a signed lease, I could
probably be in there within 15 days.
Mr. Kaneshiro: Within 15 days, so that would take us until the end
of the month running into May. Okay, I just wanted to ask that.
Chair Asing: Let me help a little bit only because I have been
touching base with different agencies. I don't believe that you can do that only
because I believe you need some furniture, am I correct or wrong?
Chief Westerman: Well, we can take our existing furniture although it
doesn't quite fit, but we have held off on this year's furniture purchase to find out
where we are going to be and that furniture purchase could happen, and then come
and replace our existing furniture.
IL MEETING ~ - 59 - ~ A ri122 2009
COUNC P
Chair Asing: Okay. My understanding is that you have a
purchase order in for the furniture and you are not going to get the furniture in
time.
Chief Westerman: Well, I understand that Sir, but we have office
furniture currently and that is what we would move into the facility right now. But
you are right, we have a office furniture order pending, and we did not go forward
with that purchase because we didn't know where we were going to be in our
current office position or in Hale Pumehana because the space difference is so
significant that the furniture that we have to buy for our existing, is... I don't want
to call it mini-furniture, but it is smaller and intentionally smaller because we don't
have the space where if we move to Hale Pumehana, the furniture that we will
order is regular sized office furniture to fit that facility. But the existing furniture
that we have, we could take over there and live with that until the new furniture
came in.
Chair Asing: Okay, any other questions for the Chief? If not,
thank you. Ed, please.
ED RENAUD, DEPARTMENT OF PUBLIC WORKS: Good afternoon Council and
Council Chair. Ed Renaud for the record.
Mr. Furfaro: Let me restate that question. So in Public Work's
opinion, they move for this period and it would be... let's say from July 1 of this
year, it would be approximately 24 months and Public Works will be bringing them
back to the Pi`ikoi Building?
Mr. Renaud: Approximately, yes.
Mr. Furfaro: You have a more specific schedule that you can
share?
Mr. Renaud: Yes, and I didn't make copies.
Mr. Furfaro: Just share the dates with us, the critical path.
Mr. Renaud: It is just a simple schedule and we did it in
quarters. The master planning process is going to take us about 110 days and we
need to finalize it.
Mr. Furfaro: Are these calendar days or workdays?
Mr. Renaud: This is... what I will do after this is I will leave a
" schedule, so that... if we would start today and this is how we are looking at it.
COUNCIL MEETING - 60 - ~ April 22, 2009
Mr. Furfaro: Let's say that we start July 1.
Mr. Renaud: July 1 and I move it over, it would... the project
would end in December.
Mr. Furfaro: December of 2012. What if we started tomorrow?
Mr. Renaud: If we started tomorrow, it would be some time in
September.
Mr. Furfaro: Of 2012?
Mr. Renaud: Yes.
Mr. Furfaro: It is a little different from our last conversation.
Mr. Chang: It is over 2 years.
Mr. Renaud: Going through the normal process, the whole thing.
Ms. Kawahara: What are the plans if that is a bit longer than we
had expected? Do you have plans on how to expedite it? Are there routes and
choices that can be made to expedite this process?
Mr. Renaud: Yea, we can expedite it. I mean there are many... if
we just go that first floor, fine, this is it. But the thing is if we plan to go the second
floor above this, now that impacts everything because then the bottom floor before
we can put Fire in there, we need to prepare for the second floor. The structural
members, footings for columns, and whatnot. Now to get to the second floor, when
we did walk the site, there were mechanical and electrical, and I would just call it
utility that is going to have to be relocated, so we can get height for the second floor.
So there are a lot of variables and that is where we are at. But we say that we are
not going to go second floor, then we work with the plan, but then you have all that
space.
Mr. Furfaro: But you guys have to be telling us what you are
doing. Are you going to do 2 stories and what will turn out to be over a 30 month
period, it will be $288,000 of lease rent while you are fixing the Pi`ikoi Building to
maximize first and second floor, so the 2012 date does give us both floors.
Mr. Renaud: No, it don't.
Mr. Furfaro: It don't, so what gives us 2 floors?
COUNCIL MEETING • - 61 - • April 22, 2009
Mr. Renaud: Well, the thing is, that is a decision that we are all
going to have to make and most likely it is administrative. The thing is, it is about
time and cost.
Mr. Furfaro: I just want to share with you Ed just... and I
appreciate your candidness, but I told the Administration, they are still holding 3
drafts of what we are doing over there, and they haven't reviewed it, but yet the
Administration is in front of us asking for lease rent. You know, we have to have an
understanding of all the moving parts.
Chair Asng: Any other questions for Ed? Councilmember Chang?
Mr. Chang: Thank you Chair. You know, I guess I am
mistaken, but I thought when Mr. Gary Heu was here, I thought he... again, I could
be wrong, but I thought he mentioned that he wanted to use the mezzanine area, is
that correct?
Chair Asing: Let me help you a little bit. When you make
reference to whether you wanted to use or not use, what Ed is saying is if there is a
decision that when we renovate the entire Pi`ikoi building, we have an option to do a
second floor. Now in that option to do the second floor, you have to take into
consideration that... to beef up the second floor, you need to work on the first floor,
so the problem... in other words, the decision has not been made yet on, we will put
in a second floor. I think from my view it is like... it is almost foolish that we have
this option of Bing up the building, so that we could use a second floor, therefore,
we need to spend some time beefing up the bottom floor, so that comes into the
picture. That is what Ed was trying to say.
Mr. Chang: And that is what I believe I understood, but
consequently, and you were saying that regardless of any decision if you do decide
to want to utilize the second floor, that the Fire Department can still be in place by
December 12?
Ms. Kawahara: Wait...
Mr. Renaud: You see, what is happening also on Monday, the
consultant is coming back in town and we are going to try... he is going to come in
to do a presentation, but we are going to try to have him walk with us that whole
premises of Pi`ikoi, and it look at that option of the second floor. Hopefully, he can
get back and get some true cost for us also, but, you know, that is what we are
doing. So the thing is, this is so-called out there right now and there is a lot of
verbal that we have to decide yet. But if the decision is A, then we go with A, but
you know, looking at these (inaudible).
Mr. Chang: Excuse me, when we... I had initially had asked
Mr. Heu for plan 1, 2, knowing there were changes, then I asked for plan number 3
COUNCIL MEETING. - 62 - • Aril 22 2009
P
understanding that there is probably going to be a plan number 4, and we had also
asked for the presence of getting to talk to or chat with the space planner. At this
time, if we are making a decision based on a lot of what if's, I think it might be a
good idea if you were able to talk to the space planner and maybe hopefully tag
along on this walk through come Monday.
Mr. Renaud: (Inaudible).
Mr. Chang: Thank you.
Chair Asing: Councilmember Furfaro and then Councilmember
Kawahara.
Mr. Furfaro: If you want to go first, go right ahead.
Ms. Kawahara: I did want to clarify because I thought there were 2
separate things. So the December 2012 is a move in and set to go if you don't do the
second floor?
Mr. Renaud: Correct.
Ms. Kawahara: So it does not include the second floor. My other
question is, when and if they move in on the first floor, you were saying that there
would have to be work on the first floor, so they cannot be there if you do the second
floor.
Mr. Renaud: If they are in the first floor now and we decide to go
on the second floor, now we are going to have problems because now we are going to
interrupt their operations big time.
Ms. Kawahara: Thank you.
Chair Asing: Councilmember Furfaro?
Mr. Furfaro: Ed, so that the Administration understands and I
think Mr. Chang summed it up. We still have not seen the overall plan for the
building that we own, okay. But this is what is contingent on, you know, what the
Fire Chief is asking for us to do now. I am just doing these in round numbers based
on what potentially the lease rents would be. If we go now, this Council needs to
know that that is over a 2 year period and that is $288,000 worth of lease rent over
a 24 month period. If you move with some urgency and come back to us with the
space planner, and we can do simultaneously, the first and second floor. We are
probably adding at least another 6 months to the building of a foundation on the
ground floor. For the Council, that means an additional $57,600 and that is what we
have to look at. But if we make this motion today, people need to understand, it is
$40,000 for the remainder of this year and the minimum exposure based on how
COUNCIL MEETING ~ - 63 - ~ April 22, 2009
urgent the Administration can let us see the space plan and talk to the space
planner, and have him come up with some reasonable cost, it would be an additional
$288,000 for 30 months. If the Administration decides that we are going to do 2
floors, then our maximum exposure after that for 36 months is an additional
$57,000 or now a total of $345,600. The question for us will be, what do we get as
far as value? And that is the decision that the Administration has to make with the
Fire Chief, not with this Council because we are waiting for a plan. Now I want to
support the Fire Chief in doing this because we have training coming up, we have
new people that are going to be budgeted for the Kealia station, we have Federal
grants, and so forth, but somewhere over there, you guys have to be... excuse me, I
apologize for using the term you guys... the Administration needs to be telling us
what the maximum exposure is if we sign off on this. Is it $288,000 or is it
$345,000, and you are not going to be able to tell that to us until you make a
decision. You are doing one story or 2 story and we still have to get cost projections
from the space planner.
Mr. Renaud: Uh huh, you are correct.
Mr. Furfaro: So help us understand how we can vote on this
today. When will you make a decision? Do you think you folks will make a decision
on one or 2 stories?
Mr. Renaud: That, I am going to have to get back with the
Administration.
Mr. Furfaro: Has Public Works-told the Fire Chief that?
GARY HEU, ADMINISTRATIVE ASSISTANT: Good afternoon Council Chair
and Councilmembers. Excuse me, I am a little out of breath. I made the sprint
across the street. Sorry about that. Anyway...
Chair Asing: The t.v. was warm?
Mr. Heu: The volume was off: I couldn't hear, so I came to
hear. No, anyway...
Mr. Chang: Gary, you want to state your name for the record.
Mr. Heu: Oh, I didn't do that. I am sorry.
Mr. Chang: You were catching your breath at that time, so I
figure I let you go.
Mr. Heu: Gary Heu, Administrative Assistant for the record.
You know, we asked Public Works to provide a realistic timeline relative to where
we are now, what still needs to take place in terms of planning before we can get to
COUNCIL MEETING - 64 - • April 22, 2009
detailed design, construction, and then of course, you also have your procurement
intervals in there... procurement both for detail design as well construction and
what I was pushing for was a realistic timeline trying to take into account as many
of the variables, and contingencies that we might have to account for. And as you
folks know, you know, it pains me, it pains you folks, to know that we don't always
do the best job of estimating 2 things. Estimating cost and estimating construction
timelines. I think what we usually do is we plan for best case scenario and
unfortunately, the real road is that seldom is our reality. Two projects which I
would call to your attention for consideration is number 1, the fish bowl and number
2, Kealia Fire Station. Now those are... have been projects that, you know, we have
been working on for quite a while now... for a number of years and yet we have been
unable to pound our first nail in at the fish bowl although it was brought to my
attention that we do have a sign up there now that says, you know, receiving
Federal funding, and we are almost there. You know, Kealia Fire Station, for any
number of reasons, we have hit bumps in the road that have slowed us down as far
as that project is concerned. So when I went to Public Works, I said, you know,
don't tell me, you know, what I would like to hear or what others would like to hear.
Tell us truly what is a realistic picture relative to what we can expect and when we `
can expect to get Fire back in that building, into Pi`ikoi.
So understanding that, you know, irrespective of the Fire Department's
urgent need for additional space now, we had already started this process of doing a
comprehensive analysis for our space needs and a comprehensive plan. And that is
the plan that is currently... we are in the middle of working on... in fact, the
consultant, I believe, is set to meet with the Mayor and staff, I believe next week
Monday was the soonest. We have been trying to get the consultant over here and
get that sync up with the Mayor's schedule, and we finally are going to do that next
week. But the bottom line is that we are still in the middle of that planning
process, but at the same time, we've got a fairly urgent need for the Fire
Department. So that is why we are here, that is why we are asking for your
consideration for the appropriation to move on the lease as soon as possible, and the
timeline that... the last timeline that I saw in terms of intervals to get Fire back
into Pi`ikoi was approximately 2 1/2 years. And what that takes into account is even
if you started today as day 1, we still have what I would consider to be at least...
and I am being somewhat optimistic, about 3 months worth of planning because we
still have to... even though in their conceptual design, draft 3... remember we were
talking about draft 3 the last time I was here, you know, they have certain
departments identified for certain locations within Pi`ikoi. The bottom line is, there
are still things that the consultant hasn't accounted for... good, bad, and different...
we have identified things that were not accounted for. There are things that are
shown that clearly already... the space already has a dedicated use. I think I might
have mentioned it the last time I was here. The fish bowl is actually shown as a
conference room. Well, we already know that is dedicated for another purpose. You
know, there is that kind of tweaking that needs to go on, and that is only at the
very, very high level. There still needs to be another round of discussion with each
department, showing them where they are more than likely to end up, and then
COUNCIL MEETING ~ - 65 - • Apri122, 2009
there will be... again, this is a very cookbook type of planning process, so
department may come back and say, hey look, that is, you know, standard types of
space allocations are okay for this part of our operation, but you need to take into
additional consideration, this portion of the space allocation for which we believe
additional 50% because... so there is going to be some of that negotiating and going
back and forth, so it is a iterative process, and it is not something that is going to
happen within the next 2 weeks even though we wish it could. So I guess the
bottom line is, in my mind, if the scenario was such that, you know, we said, hey
look, we can get all this stuff done, and get Fire into Pi`ikoi in a year. I would say,
you know what Fire Department, suck it up. Suck it up and we will find a way to
make do, but based on the current estimate which I think is fairly realistic... I mean
we may look back at this at some point in time, and say, oh, that was very
aggressive, but the 2 1/2 years seems fairly realistic to me. If we are able to do it in
21/2 years, I mean, I think that is going to be a good thing.
Again, as I was telling some folks on our side, I said, you know, I mean we
continually run across things that were never anticipated, so you have to account
for that stuff that we are going to hit certain speed bumps that no one saw, and it
wasn't because, you know, we hadn't planned properly, it is just that no one ever
saw that. I can assure you when we get into the renovation of this building that we
are sitting in right now, there are going to be many things that we find out as we go
along the way that are going to stretch out the construction interval.
Mr. Furfaro: Mr. Heu, I am going to basically thank you for those
comments, but I want to point out a few things because you came up to the mike
when I was directing the questions towards Ed.
Mr. Heu: Sorry, and I didn't mean to butt in.
Mr. Furfaro: No, I just want to make sure that you and I have an
understanding. You, I, and the Administration have an understanding. This body
has to have realistic and obtainable goals. I think the taxpayers expect that of us. I
am prepared to support the Fire Department move, but along the way, I have to
make sure that the Administration knows that I am looking for some tangible
results. And that is why I said to Ed, if it is going to be 2 1/z years, this $40,000
decision today is really a $288,000, okay?
Mr. Heu: Yes.
Mr. Furfaro: And if you start in July because you are going to use
the rest of year for planning, then this really is a $345,000 decision over a 3 year
period. But, to me, you know, somebody has to come and say, you know, here is the
critical path, here is the... I mean I did this for a living. I went into troubled hotels
and renovated them. I understand that there will be changes, but I have to have
something more than just something in narrative that is on the tape that says, well,
if this happens, it is this... you know, I expect something that kind of says, here is
COUNCIL MEETING. - 66 - ~ April 22, 2009
the project release, here are the goals, the tangible results we can expect from them,
and I want you to make a well informed decision about money because that is what
we do. I still want to support the move, but I am looking for something that tells
me what all these moving parts are and I think I am entitled to it from the
Administration. Idon't mean that in any negative way, I think I am entitled to this.
Mr. Heu: Sure.
Mr. Furfaro: And that is all that I am trying to get to tonight.
Mr. Heu: And if I could and that is why I think the... again,
like I said, you know, we are in the middle of the planning process, and that is why
we estimate that... I think the last timeline that I saw was another 100 to 120 days
for planning purposes. And although at this point in time, we have a draft, and
there is no guarantee that by the time we hit the end point in this planning process,
that where the Fire Department is currently slated to go in Pi`ikoi is going to be
where they are slated to go 110 days from now. So because, again, we are still in
the middle of that process.
Mr. Furfaro: And that is why you are saying if it was a year from
now, I would tell them stay where they are at and just work within the very
confined space that they have now. We have 13 people inside of an area of no bigger
than this Chamber as work stations. I have been over there. You sit at a little
reception counter when you want to talk about fire safety and all of those things,
and the girls are being overheard with their daily work. It is a very unfortunate
situation, but I heard from you is, if we were going to have this solved in a year, I
would tell them, you know, hold up, but what I am hearing from you now is, when
you initially vote on this $40,000, I need to know that I am really voting on 30
months, and possibly an additional $345,000 that will show in the next 2 year's
Operating Budgets.
Mr. Heu: That is right.
Mr. Furfaro: Okay, and I just want that to be on the...
Mr. Heu: And you folks have seen that as you have gone
through the Fire budget... you've seen that line item showing those expenses.
Mr. Furfaro: Okay, I have an understanding as of today and this
agenda item, but I am going to reiterate going forward in these economic times, my
expectations of the Administration on giving us objectives, goals... they need to be
much more tangible and in some kind of project report to us when we request
money from this Council.
Mr. Heu: That is fair.
COUNCIL MEETING ~ - 67 - • Apri122, 2009
Chair Asing: Councilmember Chang?
Mr. Chang: Thank you Council Chair. Mr. Heu, how long have
we had this present space planner?
Mr. Heu: The one that we are currently working on? Um, let's
see... Ken, when did we start?
Chair Asing: April 2008.
Mr. Heu: Is when we executed the contract?
Chair Asing: Notice to proceed, May 2008. That is the contract.
Mr. Chang: You know, I guess what is very difficult is that I
believe that we all want to support the Administration and support the Fire
Department, but you know, when Council Chair brought up to the public that the
Mo`ikeha Building was originally purchased in '87 for $10 million, and now it has a
value of $20 million for us to see 18,000 square feet sitting, and, you know, the -
previous 2 Administrations perhaps had planning and paid a consultant... then had
maybe updated plans and paid the consultant, then when you add all of that up to
the additional moneys right now just to get that moving, that is probably going to
maybe be well over 10 years from when the thought first arrived, and that is pretty
difficult for us to swallow right now meaning that... you know, as you mentioned,
maybe government and building and obstacles take a while, but those consultant
fees add up, and then they add up, and then they add up, and then there is no
results. Were they would have, could have, should have been at this point, now we
are renting space on the outside which would have been from internal within, and
then earlier I didn't realize because I knew the mezzanine was a possible
opportunity for additional spaces, but now if we are going to use that, that might
then push back the process past December 2012.
Mr. Heu: Well, I guess I would like to address that because...
well, first of all, let me back up just a little to maybe where you were first starting
from. Previous to Mayor Baptiste taking office in 2002, there was a portion of
Pi`ikoi that was renovated and that was an area that currently houses elderly and
housing, I am sorry. And when that work was taking place, I think there were
construction drawings for space for the Fire Department if the County at that point
in time had decided it wanted to proceed with that work. Now, again, this precedes
Mayor Baptiste taking office, and for whatever reason, that was not pursued at that
point in time. Now as far as I know, that was kind of the extent to which the work
had been contemplated. Now what we have currently beginning of April of 2008 is a
much different exercise. What we have done is we have, through our consultant,
gone out and conducted interviews with every department taking a look at what
their space requirements are for present and the foreseeable future which is a much
different exercise than simply building out some space in Pi`ikoi. Because what we
COUNCIL MEETING. - 68 - ~ April 22, 2009
wanted to do was, again, get a fairly comprehensive view of all the needs. So once
this space plan is completed, there will be like a domino effect in terms of where
people will start to shift around, and to move. It will be a comprehensive type of
activity. I am not saying that all that activity is going to happen at once because,
quite frankly, I don't know if this County, at this point in time, can afford for that to
happen. But it will give us the blueprint for future moves on a comprehensive basis
versus as needs arise. And even at that, it still remains a plan and some of those
plans may change in the future, but it gives us a basis from which to start and to
work from. So I think that is the... in my mind, that differentiates this current
exercise with what may have happened when, again, the current space where
elderly and housing is, and then the contemplated space where Fire was going to be.
That is the difference in this exercise. Now when we begin to talk about the second
floor, we've asked our... very informally, we have asked our consultant to give us
an assessment and their initial take is that it may not be feasible to further build
out the second floor other than what exist in the mezzanine. Now when they get
here next week, we are going to ask them and I think it is at no additional cost to
take a quick onsite assessment. Now if, based on that visit, they feel that, uh, there
may be something there, then we will ask them to come back, and do a more
detailed analysis and actually get some mechanical engineers and structural
engineers down here to take a look at that space.
Now even if it was determined that there is that potential to further build
out the second floor outside of the mezzanine area, our plan would be to move and
locate Fire in an area in Pi`ikoi that would not be affected by any further structural
type of work that needed to take place for the second floor build out. So in my mind,
that would not impede us on that 2 1/2 year track to get Fire back into Pi`ikoi, and
that, in fact, may be one of the determining factors in where Fire actually ends up
in the ultimate design for Pi`ikoi. So because, you know, we are committed to get
Fire back into Pi`ikoi as quickly as possible, but without creating an unrealistic
situation for us and over promising and under delivering, and saying that we are
going to be back there in 18 months. You know, that is just not real, yea? So I am
not sure if that answers your question.
Mr. Chang: Thank you.
Chair Asing: Okay, Councilmember Kawahara?
Ms. Kawahara: Thank you. So 2 answers. One is, yes, if we build...
if we decide to do the top, then we can't get them in at the bottom? That is what he
said, but you say that there is a way to do it where you can have them in Pi`ikoi and
still structurally be able to beef up the top?
Mr. Heu: Well, that is my assessment and, you know, because
I think that one option for us... one option for us would be to take a look at that
area under the mezzanine and the mezzanine area as potential site for Fire because
i •
COUNCIL MEETING - 69 - Apri122, 2009
. those areas wouldn't be affected by any other structural design construction that
would be necessary for a build out at the second floor.
Ms. Kawahara: Can you... just guesstimate how... never mind, I
won't ask that. Okay, that is all that I have for that.
Chair Asing: Ed, you know when you make reference to a second
floor, are we making reference to the second floor in its entirety of vacant available
space or are we making a reference to the second floor only in a specific area?
Mr. Renaud: The whole space, what is the available... after we
walk through with the consultants.
Chair Asing: So it is the entire area then. I thought Gary that
you were looking at the entire area to be 2 floors.
Mr. Heu: For the feasibility?
Chair Asing: Yea.
Mr. Heu: Yea, that is what we are going to ask them to
determine and to help us analyze because if you go in there, you know, there is a lot
of duct work and a lot of electrical work and stuff, and based on the space that you
could recover versus the cost of having to relocate a lot of that stuff, it may... I
mean, maybe it can be done, but it may not be feasible based on the cost. So that is
the kind of analysis that needs to be done.
Chair Asing: Okay, any other questions for Gary or Ed
Councilmembers? If not, thank you. I'd like to call the meeting back to order.
The meeting was called back to order, and proceeded as follows:
Chair Asing: You know, I'd like to suggest that, you know, what
we are talking about is, we are working on the budget right now, there is $100,000
as a line item in the budget. And, you know, if... and we are only talking about 2
months. You know, this is April... you are talking about July 1 and, you know, we
need to pass the budget by then, so if you delay this and refer this to the budget, at
the time of the budget, you make the decision aye or nay. And I think that is the
time to make it because we are only talking about 2 months. So, anyway, that is my
recommendation. Now I tell you this because I am going to make a presentation,
but, you know, I will give you an example and say that Maui has decided to pull
their $18 million out of their budget that was TAT funds. That is a done deal. They
have done it. In doing that, you know what they are doing, they are borrowing
$13 million. You know, that is one of the sections that they are doing the make up
of the $18 million. There are other things that they are doing, but they just did that.
And so they are anticipating that they are going to lose the TAT. If we lose the
COUNCIL MEETING. - 70 - ~ April 22, 2009
TAT, we are in big trouble too, so we need to be careful and that is the reason I am
saying that I think that, you know, 2 months is not a big deal. And at the time of
budget, we are going to have to make that decision on aye or nay. So, you know, it
would be my recommendation. Any thoughts Councilmembers?
Ms. Kawahara: I just wanted to add something. Do we need to
cons... should we consider the fact that he is actually going to... he is in the process
of training Firefighters now, and they have no room to train.
Chair Asing: I don't think that is a true statement. Gary or the
Chief, why don't you come up.
Chief Westerman: Thank you Council Chair. Councilmember
Kawahara is exactly right, and that is my point. I mean we started this in
February to try and get into the lease space in March because that is when this
current recruit class started. This has an effect on the recruit class. A good
example is Friday, last Friday, I had to move the recruit class 3 times in one single
day. They had to move from 2 different class rooms in the EOC because we don't
have a training area. Once we lost our training area in station 3 last year when we
added the 2 additional staff, we lost our training area, and now we have a class that
we are moving almost daily and in some cases a couple of times a day to provide the
training... the necessary training for our recruit Firefighters. This class is going to
continue until the end of July and immediately after that, we have another recruit
class. These are the 15 Firefighters that you had mentioned before that is for the
Kealia station and as part of the grant, we have to move this process forward. If we
don't, we have to return the grant and absorb the cost of the Firefighter's salary
which, right now, the government is paying the cost of 90% of the cost of the salary.
So it is urgent to me in the sense that I need the training venue. Besides the other
staff space, I need the training venue, so we are not just talking about moving the
13 staff that are in my office and the... it is also the 3 that were over in Lihu`e in the
old training office and the new recruit, so you are talking about moving 28 people. I
am at a point even Hale Pumehana is going to be tight. It is almost double our
space... well, not quite double our space... we are going from about 1,900 to 3,100,
but the true need that we have is over 4,000 square feet of space. So it is an interim
and I really appreciate the effort that the Council is putting on to get me new digs. I
think everybody sees that we need that and we see that we need the space, and we
see that Pi`ikoi is a good place to go. But there is a timeline to do that and that
timeline doesn't satisfy my immediate need.
Mr. Furfaro: Chief, I want to say that... if I may...
Chair Asing: Go ahead.
Mr. Furfaro: I want to say that, we, as a group here, need to
understand that you have needs in Fire Department, and this is a temporary
solution, but what the group has to understand here is I think what Mr. Heu is
COUNCIL MEETING ~ - 71 - ~ Apri122, 2009
saying and he has heard my disappointment, Iwant measurable and obtainable
goals, and I want them to be tangible. The fact of the matter is until we do this
space plan and really get an understanding of where people are going to be which
actually may force us to lease that other space. We will never see the real potential
of the asset that we bought in 1986. So it is not just lease rent, but I have to be
satisfied with Public Works and if I vote to enter into this lease today, we are going
to meet those deadlines Mr. Heu, that we have this understanding. Now this is the
second meeting I heard from you that the recommendation from the professional
space planner is that the cost of doing a second floor mezzanine certainly may not
add value because the cost with plumbing, electrical, construction, meeting code
standards and so forth may far out weigh the cost that we save on the space. But
what we have to understand here, we need the comprehensive plan that says that
with this plan, we are going to maximize the space value, the value... there is true
value over there. You know, when we have space sitting there empty or we have
space downstairs being used, you know, $3.10 a square foot space being used for
storage, it has no value to us. You know, until we get the maximum potential of
this building, you know, we are losing money, so that is the way that I perceive
looking at this lease rent. You know, I did hear from you Mr. Heu, 30 months,
would bring us close to the $288,000 figure, and that is what I am saying. I can
vote for that if I know I am going to have a space plan and I am going to really
experience the true value of this space that has been sitting for 23 years. For 23
years, we have not truly used the whole value of that entitlement. You know, we do
it now, we move the Fire Department, there are some internal changes, we start to
add value to the space that we own. We come up with a plan, we need deadline, we
are going to start adding more value to the plan. I can buy into that, but I don't
want to be going back and reading minutes that said, oh, on Apri122 of last year, we
said... I want to see a flow chart, I want to see a critical path here, and I don't think
that is... I think that is what my job is, you know. So I can still support this based
on the fact that if we never planned out the space, we are never going to get the true
value of the investment. In the meantime, we gain a training spot.
Chair Asing: So am I correct, Gary, that you don't have enough
training space?
Mr. Heu: Well, I am not sure if in and of itself... I think what
the Chief was saying previously was that he had to move people around because
there are conflicts in scheduling. So in other words, I think we have scheduled
something, I don't know, out in May or something, and the Chief felt that that
impacted his ability to train in a certain area.
Chair Asing: So if there was good, I guess planning on the
schedules, then you would not have a conflict? Am I correct?
Mr. Heu: Yea, you know, I mean I can't speak... I don't think
I can speak in general terms. I think we do the best we can in scheduling, but I
think even you saw when you were Mayor that there is quite a bit of competition
COUNCIL MEETING - 72 - ~ April 22, 2009
and need for our conference space. In fact, I think one of the things that we started
to do, you know, in the later part of last year was to attempt to come up with some
sort of policy in terms of the use of our rooms. I mean, again, there are many... the
State uses our facilities and we try to be gracious about use of our space
understanding our own requirements, but, again, there is just a lot of... there is just
a lot of need out there, and we need to come up with a good policy to help us manage
that. But, you know Chair, I guess going back on your inquiry of the Chief, I fee
that it is my responsibility as, you know, the Chief's boss to say, hey, look, you
know, I want to support you in whatever I can to get you the resources that you feel
you need to adequately manage your department. And I think when you talk about,
you know, cutting corners, and scrimping on training, I know you are a big
advocate of training and particularly when it comes to public safety, I don't think
we want to be in a position where we are compromising the department's ability to
train their folks in the way that they feel is necessary. At the same time, I mean, I
share your concerns also with the State... what is happening in the Legislature and
specifically regarding the TAT. I mean I probably was in as much anxiety as you
were when you saw that the Maui Council, you know, made the move that they did.
But, you know, that is out there, that is something that we need to deal with, but
certainly there are still going to... even in the toughest of times, there are going to
be certain things that we still need to make accommodations for. You know, what I
would say is, you know to the Vice-Chair's point about the expense that we will
incur for the lease space over the next 2 1/2 years or so. I mean, we are going to
incur that cost, but it is not just about Fire because I think even during the budget
discussions, I think we identified that, you know, there are other organizations that
have critical space requirements today also.
One was Planning I think that you brought up when the Planning Director
was here. I think that if we were to take a tour of the Planning Department, you
know, we would probably not like everything we saw in terms of some of the
conditions that even those employees have to manage. So, you know, it is not just
about Fire, it is also providing the other departments space that they will need
during this interim period. So, anyway, I would just ask for your consideration to,
you know, deliberate, and make a decision today on how we want to treat this Fire
space, and you know, allow us to move on hopefully. Because, again, even i£ if we
were to wait to July 1 based on the budget deliberations, I mean, then you are just
prolonging that point in time in which the Fire Department can be adequately set
up in that new space and function. All I am saying is if it is... you know, if it is
$20,000 to us for the remainder of the year, then let us get started and help the
department to get set up to function as they need to.
Chair Asing: Councilmember Kaneshiro?
Mr. Kaneshiro: So, Gary, Jay was talking about values. You know,
you always talk about values. If we move this here, what is the values there.
Mr. Heu: Right.
COUNCIL MEETING ~ - 73 - • A ri122, 2009
P
Mr. Kaneshiro: And is there a potential of a value coming out of
moving this department there and what are your plans to move the other... what
department in?
Mr. Heu: That is a good question. You know, I think that
originally, I can't recite off the top of my head what the current draft calls for in
terms of the vacated Fire space, but I do know that when you looked at the needs
requirement of the various department, I think that Fire was number 1. Number 2.
was Planning, so based on that needs assessment, I would say that... and Planning,
at least based on the current draft, was scheduled to also move to Pi`ikoi at some
point in time. But based on the needs assessment and Planning ranking number 2,
I would say that we would probably... I don't think that the Fire space could
adequately handle all of Planning's requirements, but there may be a case... and we
have done this in the past. We do this in certain other locations where there are...
there is more than one department or division that shares a common area. So it
might be... we move... let's say maybe long range planning into the Fire space and I
am just talking at the top of my head right now. I don't know what would be the
best fit, but I do know that Planning has a need, so they certainly would be a
consideration. As an example, they have a... one of their CZM people currently
housed with our Boards and Commission's people, you know, so I mean being in
Fire... the old Fire location is no worse than being down where Boards and
Commissions is. So, again, I think there would be that kind of opportunity maybe
to share the space with a few of the departments or divisions that have critical
needs.
Mr. Kaneshiro: And, for us, you know, it is important that if they
can move out in 15 days, we don't want to see the other building just sitting there,
and the efficiency of the other departments or lack of efficiency from other
departments... (inaudible)... well, we don't have enough space to do this, so we can't
hire. You know, we have heard that through budget hearings. It is really
important for us that if we are going to make a move, let's make a move altogether
with a plan, then I can feel more comfortable.
Mr. Heu: Sure.
Mr. Kaneshiro: (Inaudible) getting some values, but I hate to hear
come budget session again, and then we have what we call your supplemental
budget, and they say, well, you know, we have all these vacant positions that are
available, we haven't dollar funded it, but we don't have the space. -You know, I
mean that might cause some trouble with us.
Mr. Heu: Yea, and I agree and I think that there is little
chance that this space... the vacated Fire space will sit vacant very long... I mean
there will probably be an immediate land grab with guys trying to vie for the space.
But, again, I can assure you that that space will be...
COUNCIL MEETING. - 74 - ~ April 22, 2009
Mr. Kaneshiro: I am only saying that because we have had that. I
mean we have had Department Heads come here and say, well, we don't have the
space, so it has been real hard for us to hire someone there. There are different
examples that pop up, so I just want to make sure that as we deliberate on the
budget too, we are all on the same page.
Mr. Heu: I understand.
Chair Asing: Okay, thank you. Any other questions? Go ahead.
Mr. Furfaro: Just to sum up my earlier comments and I think
you know... I am trying to be very constructive on my comments, but I want... are
you saying that if we move forward and it is your goal to have this understanding
that we may not be leasing space for more than 30 months, that is your goal?
Mr. Heu: That is our goal.
Mr. Furfaro: And number 2, when would you start informing this
Council about the recommendations from the space planner that we hired last year?
Would we see that in 60 days some preliminary presentation because I think
Mr. Kaneshiro brings exactly the same point of value that I bring. You know, we
move... you know, this group to this location, but the other space sits empty, you
know, it adds no value to us, and that is why I am trying to support this
comprehensive plan, but I need some measurable deadlines.
Mr. Heu: Sure. You know, I would say that sometime after
next week, we could probably provide this Council with a draft copy of the plan.
The caveat would be... you have to understand and that is where I kind of manage
expectations because people will see a plan and say, oh, these guys here, these guys
here, these guys here, but I caution you that we are still in the middle of our
planning process and 30, 60, 90 days from now, that could look very different you
know.
Mr. Furfaro: Understood.
Mr. Heu: So as long as there is that understanding, I don't
think that there is any problem.
Mr. Furfaro: I think it is time that you start sharing it.
Mr. Heu: And you folks know that the only reason why I
wasn't able to do that last time was because the Mayor had not yet seen that draft.
Mr. Furfaro: So we have that understanding, you are going to try
and get us a draft, and we have an understanding that the goal is 30 months.
` COUNCIL MEETING • - 75 - • Aril 22, 2009
P
Mr. Heu: Yes.
Mr. Furfaro: Thank you Mr. Chair.
Chair Asing: Thank you. Any other questions Councilmembers?
If not, Gary and the Chief, thank you very much.
Mr. Heu: Thank you.
Chair Asing: I'd like to call the meeting back to order and what I
would like to do is...
There being no objections, the rules were suspended.
MEL RAPOZO: Mel Rapozo for the record. I actually came to finish
up cleaning up my rubbish from Daryl's office and I overheard this on the... I guess
I... I asked Peter to go find me the date that the bond was floated to renovate this
building, do you remember Mr. Chair?
Chair Asing: No.
Mr. Furfaro: We had that discussion last week.
Mr. Rapozo: Okay, and I apologize, but I think... and I
remember in 2002 when you, Mr'. Chair said, Mel, no worry about your office
because in a year we are going to have this building renovated and it is 2009.
Mr. Furfaro: I don't mean to be laughing, but that is exactly
what I said because you and I were new in 2002 and we got the same message.
Mr. Rapozo: You know, the Chief is a victim in all of this. He is
an innocent victim, but so is the taxpayer, and I think that, you know, Mr. Furfaro
brought up some good points, and I don't know if there is a way to use the funds,
use the combined funds of renovation and rentals and expedite the move into
Pi`ikoi. I mean I don't understand why it is taking so long. I guess that is for me
and now I am a taxpayer... I mean I always was, but I am the innocent taxpayer
now, and I know Councilmember Kawahara said, you know Mel, the Chief shouldn't
be punished and I agree. I love that man and I think he is the best Chief... one of
the best Chiefs that this island has ever had and I appreciate what he is doing, but
on the other side of the coin, I mean there is the taxpayer now that should not be
punished either. And by passing this today, you are not passing a 30 month
appropriation because everyone of you on this table or at least the veterans know
that that building will not be ready in 30 months. You heard Mr. Heu said, we base
everything on a best case scenario and that never happens. So I am not going to sit
here and say don't vote for it or vote for it, I am going to say that when you vote for
it, understand that it is not a 30 month appropriation. It is a long term agreement
COUNCIL MEETING. - 76 - • April 22, 2009
that we are going to have to maintain because they will not be able to move back
into Pi`ikoi in 30 months I can tell you that will not happen. Here this is the... this
would have been in 2001... $1.6 million for the... it is not even $40,000, it was
$1.6 million for the renovation of this building and it is now 2009. I mean we may
have gotten new computers and I think that is probably the extent of the
renovations of this building. So that was my point and the other point that I had
was... Mr. Heu talked about that they are going to... or I think it was Ed who
talked about asking the planner to take a look and, you know, if you don't have a
contract, we cannot expect those guys to come in and take a look, and give us an
estimate that we can hold them to. If they come down and take a look at structure
and we need a contract, so in the event they are off base, we have somewhere to go.
So, you know, it goes back to the ready, fire, aim theory, and I am just asking that 2
weeks is not going to hurt, 2 months is not going to hurt. I understand the Chief's
concern about training, but I would much rather see you guys go rent the Vet
Center or another available location for the training period for a much smaller cost,
so that they don't have to be moving around like gypsies because they deserve
better. But just so that the public understands, it is not a 30 month appropriation,
it is not a $40,000 appropriation, it is a lot, and if that is what we need, so be it, but
do not lead the public to believe that it is just a 30 month operation because we all
know that is not a goal, that is a dream. It is a big difference. Thank you.
Ms. Kawahara: Thank you Mel. I have a question. So if we are
going to assume that it is not ready in 30 months, it would be safe to say that it is
going to be longer and it will be... even have more impact on the Fire Department
and their condition now. So they would be in a crunched working environment for
even longer?
Mr. Rapozo: Correct.
Ms. Kawahara: And I wanted to also address the fact that... and it
was mentioned earlier. I have had occasion to work with renting meeting rooms
and spaces, and the demand is huge. It is difficult to find a range of full days where
you can actually be there everyday.
Mr. Rapozo: Understood. ~I
Ms. Kawahara: It is huge, so I had considered that as an option
because the training is the urgency here, but I can confirm that it is diflcult to find
a big meeting space for a long period of time, and over the period of training that
the Chief is looking at for his group.
Mr. Rapozo: I understand.
Ms. Kawahara: So I just wanted to mention that because it did
come up as an option.
COUNCIL MEETING • - 77 - • Apri122, 2009
Mr. Rapozo: I am sure there are a lot of places looking for long
term commitments right now, especially the hotel industry.
Mr. Furfaro: Mr. Rapozo, you and I have similar memory, but
before you came in the room, I want to let you know that was the whole point that I
was making. The agenda item is $40,000 for the rest of this year and it wasn't that
this is the amount we expect to come to, but we were looking for a critical path,
some tangible goals, and the fact of the matter is, I indicated a move now really
means to us a minimum of $288,000 going forward as possibly being as much as
$345,000 over this period of time, but you brought up an excellent point. I want to
let you know that before you came in, we did share that with the public.
Mr. Rapozo: I actually did hear your presentation and I thought
it was well done. It was quite clear.
Mr. Furfaro: I didn't know when you came into the room, so
thank you Mr. Rapozo. Thank you Mr. Chair.
Chair Asng: Thank you. Any other comments or questions?
Mr. Rapozo: Go ahead Lani, I know you are dying to ask a
question.
Ms. Kawahara: What do you think... so we have had actually 2
things come before us or that we are considering yea? One is $1 million or
$500,000, yea for KD... economic development... their program for a stimulus for
Kauai. What is your...
Mr. Kaneshiro: Point of order. It is not an agenda item.
Ms. Kawahara: I wanted to know what the $40,000 was to the
$1 million or the $500,000 to the taxpayer.
Mr. Rapozo: Well, like I said, it is not a $40,000 appropriation
and that is what I think...
Ms. Kawahara: $233,000 then.
Mr. Rapozo: Well, if you are basing it on a 30 month schedule,
but I am here to tell you that it is not going to be 30 months. So what I am saying...
I am not saying that I do not support the funding, what I am saying is, let the
people know or come up with a much clearer timeline. I think Mr. Furfaro was
asking that and what is the actual time. Don't sugar coat it, just... what is it going
to be? Is it a 5 year project? Is it a $1.2 million appropriation, so that our
Firefighters can be trained? Let the public know because 30 months from now
when you are up here finding out what is going on and we are still waiting for the
COUNCIL MEETING. - 78 - • Apri122, 2009
consultant's report. You know, we came across a problem with asbestos or... you
know, and that is what I am concerned about. It is not... the bottom line, call it
what it is, and I am going to tell you that I support the Chief and I support his
training, but don't tell the people 30 months, and it is a $280,000 expenditures, and
30 months from now, you know, we haven't even broke ground. I think that is a
concern. This building and this is a good example of how we run. This building
here, $1.6 million, so that is my point.
Mr. Kaneshiro: Mel, you are absolutely right and lucky that we
have been patient and we are not paying lease. Can you imagine if we were paying
lease for a space in 2001?
Mr. Rapozo: Imagine Mr. Chair, if you said, Mel, we are going to
be moving to Hale Pumehana because in a year or 2 years, we are going to have this
place renovated, and we would be paying private rent right now. I mean that is
kind of what I am looking at. I am a realist and I am not here to show no disrespect
to anybody, but, you know, again, I don't think the public would mind, but they
need to know the truth, and 30 months, Lord have mercy. When have we done
anything in 30 months? Seriously, and that is just the process. It is not about
anything else, it is just the process of government, it takes a long time. So it is not
a $40,000, it is not a... it is a lot more and obviously I support public safety, so for
me, it is...
Ms. Kawahara: You are absolutely right and I think we have been
trying to get a date for months now. An exact date on a move in which hasn't been
forthcoming, but my point also is that irritates me too big time. That part not being
able to tell people when... how long this is going to be? I am going to be trying to
find out how to make somehow an incentive to get it done faster. Some kind of
penalty for some, you know, I don't know for who, but a penalty.
Mr. Rapozo: Unfortunately, you can't do that.
Mr. Furfaro: Just a point of order. We are at 6:35 p.m. which I
think you can appreciate which requires us a dinner break for our staff. Before
Mr. Rapozo leaves, I want to point out that we did get a verbal commitment on 30
months. I also want to say that the reason we brought up or I brought up the future
cost of this is based on the fact that by Charter, we cannot commit money into the
second budget year. So that is one of the reasons we had to have that open
discussion and we hopefully will get an assessment of the critical path from the
Administration after today's discussion.
Mr. Rapozo: Just response to Ms. Kawahara.
Ms. Kawahara: I thought I had the floor.
COUNCIL MEETING • - 79 - • Apri122, 2009
Mr. Rapozo: I would expect you, all of you to be the overseers of
the funding, and I would expect you to get the information here and if it is
important to the Administration, then they need to spend the next few days or
whatever to put together a clear and concise plan of this project as opposed to the
verbal commitments. Because we all know that things happen and life gets in the
way. So utilize the resources, get a timeframe that has a margin of error that you
can live with before you release these kinds of money because it is a lot and that is
all that I am saying.
Mr. Furfaro: And I apologize to you if you thought I was rude,
but by contract, I needed to announce that we have to feed the staff, and if you
thought I was rude, I apologize.
Chair Asing: No, 6:30.
Mr. Furfaro: Oh, it is 5:30. Look at me, I am hungry. I thought it
was 6:30.
Ms. Kawahara: It feels like 6:30.
Mr. Rapozo: I get the hint Jay.
Mr. Furfaro: I really thought it was 6:35.
Mr. Kawakami: You know Mel, the most frustrating thing for me is
that I have the Fire Chief telling me and he is the expert that he needs this space to
properly train his Firefighters. So I am sitting in a predicament because all of these
things are making sense, but at the same time, I bring myself back to the original
question. Here is the expert telling me what he needs, I made them a commitment
to provide them the tools to his people, so that they can serve us, and you would
appreciate it too because you were... I mean this has to do with public safety and
we start talking that this is not going to be a 30 month thing and it might be longer,
and I am starting to worry that, wow, if we don't make a decision, that could
possibly mean that we are keeping our Fire Department for 30 months or longer in
very poor conditions. I mean that is the other side of the ball too. And like in the
real world, you don't let your resources... like we are talking about space now... we
would never even consider leaving our space vacant and being satisfied with that. I
mean that is not how it works. I mean we utilize all of our resources to maximize,
you know, and generate some sort of income and here we have a property that was
paid by the taxpayers that has just been sitting idle. To me, that is the biggest
problem that I have and the hard part for me is, this is the Fire Department. It is
not like it is some... and I am not going to discount any department, but this is the
Fire Department. I see these guys how they keep our people safe and that is the
struggle that I am having. Do you know what I mean? It is hard when you have
the Fire Chief coming up and saying that, yea, I need to train my guys and I am not
training them properly in the situation and the venue that I have right now. So
COUNCIL MEETING - 80 - ~ Apri122, 2009
that is the internal tug of war of politics for me is weighing out the opportunity and
the cost. So that being said, that is what I am fighting with at this point right now.
Mr. Rapozo: And it is not real battle if you feel that way. I am
not here telling you not to support the money. I think I made that clear. I am not
here to tell you don't support the money, but what I am saying, though, is when you
support the money, I think the public has the right to know what it is, and that is
all that I am saying.
Mr. Kawakami: Yes.
Mr. Rapozo: So I mean I think, for you, it is probably a no
brainer to vote, but I am just saying that to the public out there who thought when
we bought that building years ago that we wouldn't be in this discussion now. That
we wouldn't be going out and buying private space because that was the purpose of
spending all that money to begin with and we are not here to figure out who
dropped the ball. The bottom line is the ball was dropped and now the taxpayers
pay, so how do we prevent that from happening again. How do you hold the
Administration accountable is I guess my message. When you do your budget, put
provisos in there, so that they are bound to certain requirements or they lose the
money. That is what I am trying to say.
Chair Asing: Councilmember Chang?
Mr. Chang: I just wanted to say that this has been, I believe
extremely difficult for all of us to make a decision because we have learned
throughout the process through the Chair and I would like to say is that... I have
had an opportunity to speak to the Chair, he pointed out his concerns, and I
believed in the concerns and I have made an effort and have chatted with Mr. Heu,
and I have chatted with the Mayor as early as last night about the concerns. I
would like to put a little bit more positive twist because I want to support the Fire
Chief and the department. But I think that we should... you know, you mentioned
to Councilmember Kawahara that we all need to push and hold them accountable
and I... you know what, I believe in the Administration. If the Mayor tells me that
he knows what he is doing and he is starting fresh and starting new, then I want to
give them the benefit of the doubt. I don't want to sound negative to anybody, but if
they tell us 30 months, you know, Ed is over here... I mean they are here, they are
accountable, they know their challenge. They know their responsibility. We are not
going to be the ones looking bad, they are going to be the ones looking bad. I don't
think we would have to say one word. I think all we have to do is look and they are
going to say that they understand because if they need to apologize, they are going
to be the ones that are going to be apologizing to the taxpayers. I don't believe we
are and at this point, I want to be able to say, you know, to everybody that I am
going to support the Administration and speaking to the Mayor. Point blank, last
night, I said that we are under a lot of pressure and you have to show us that you
mean it, and the Mayor said he means it. He said, brother, this is a whole new start
COUNCIL MEETING • - 81 - ~ Apri122, 2009
and he said this is a beginning, give us an opportunity to prove ourselves, and I
believe him. I am going to say to Public Works and everybody else, you guys tell
from the day we are ready to do it that it is going to take 30 months, then I believe
that it is going to take 30 months because I think they are going to fast track it, and
I believe that this is going to be one of their biggest accomplishments and I want to
be positive. I want to be able to say that I understand that in this short period of
time on how government works, but I think this is a big, big issue, and I think this
is going to be some way that they can shine at the end of the day, and I look forward
in 30 months or less that the maile ribbon is cut and we all walk in and we all shake
hands, and then high 5, so the pressure is on.
Mr. Furfaro: Excuse me Mr. Chang. Point of order, if you have
somebody in the seat, Mr. Rapozo knows that you need to pose him a question, if
not, the general commentary comes at the end.
Mr. Chang: Oh, I beg your pardon. I am sorry.
Mr. Furfaro: I am sure that Mr. Rapozo was waiting for the
question.
Mr. Chang: I am sorry Mel. I am sorry if I spoke out of turn,
but I just wanted to say that I am supportive. I don't think I really have any
question except I guess I spoke out of turn.
Chair Asing: We understand when you say that you are under a
lot of pressure.
Mr. Chang: I no like go hospital again. I am sorry for speaking
out, but thank you for your comments Mel.
Mr. Rapozo: No, thank you.
Mr. Chang: I didn't have a question. I just wanted to thank you
for your...
Mr. Rapozo: You didn't have a question?
Mr. Chang: No.
Mr. Rapozo: Darn.
Chair Asing: I just have one comment Mel. You can sit down. I
too Mel love the Chief. He is a great Chief and I don't have any problem with the
Chief. I do have a problem, though, with the process... a lot of problems with the
process. Let me also say that, you know, let me be upfront and say that, you know,
this contract that was given over a year ago... we are talking about April is when
COUNCIL MEETING. - 82 - • April 22, 2009
the contract was given, so you are talking about one year, the planning contractor,
consultant was hired one year ago. So it is one year ago and you are at the point
that you are at now? You know, something is wrong and also, you know, when Gary
you said that when I was there and should then understand. Yes I do, but I have to
tell you that this issue was not raised while I was there. While I was there, this
issue was not raised, so where did it come from and that bothers me. I have to be
up front with you. When I was there, this issue was not there. Now all of a sudden
it is a major problem. What is happening? So, you know, I want to just put that.
Now, with that, what I would like to do is I am going to turn the floor over to Vice-
Chair and I am going to make a short presentation.
Mr. Furfaro: Are you going to use PowerPoint?
Chair Asing: Yes.
Mr. Furfaro: Do you have a mike for the Chair? Chairman Asing,
would you like the lights out for your presentation or do you have enough light
there?
Chair Asing: Yea.
Mr. Furfaro: Okay. The floor is yours Chairman Asing.
Chair Asing: Thank you Councilmembers. Iwould like to... am I
on? No? Okay Councilmembers, please bear with me. It may seem like I am not on
the subject, but I will get there very shortly. With that, can we have the first slide.
The only reason I am doing this is because the jobless rate on Kauai and the rest of
the State... you know, we are talking about 6.5% and if you look at the top, you will
find that this is March 2009. We are talking about a 6.5% and turn to the next
slide. I am going to go through it real fast. Now, if you notice this date April 13, it is
just like one month after that, what happens then, 7.1%. Maybe I don't have to go
through this, but we just had the hotel industry here, so we know the problems. I
just want to point out this area here. Figures released by the State Department of
Labor & Industrial Relations also show the jobless rate on the Big Island and
Kauai reached double digit percentages with 1 of 10 people in the workforce on
those islands without jobs, 1 of 10. I mean it is almost crazy. You can go to the next
slide. Now what I am trying to show you now is that we have a problem and we all
know that. We all know that we have everything from national to international
problems, financial institutions, Wall Street, the auto industry, unemployment, you
name it.
Now you get down to the State level. On the State level, if you look at all of
the articles that have come out, the State is really facing a $2 billion shortfall. That
is really the shortfall that Governor Lingle has been working on, $2 billion. Now the
$2 billion here, the State is facing a $2 billion shortfall in revenue and thanks to the
slumping economy. On the bottom section here, after restructuring that, freezing
COUNCIL MEETING • - 83 - • Aril 22, 2009
P
staff, and cutting spending, the State is still short by nearly $300 million. The
$300 million now as I understand it is roughly in the area of $278 million, but it is
still in the ballpark. So the State is in trouble, deep trouble, and take the next slide
please.
Because of that, what is happening now is the counties are probably going to
be hit and we all know that preaching to the choir as far as Councilmembers is
concerned, but what I want to show you is that... I want to show you fiscal year
1999 to 2000, this column here represents what we have been allocated throughout
the years. In 1999-2000, we received $10,100,000 in TAT funds, so this column
represents all of the years. In 2001, we received $10,120,000, and so forth, and then
when we get down to this area here, last year we received $13,250,000. Now the
$11.8 million that we make reference to here is a projection. That is what it is, but
we think we are going to be pretty close because the tour industry has been down,
and the collections have not been as high as normal, so this is what we project that
we will be getting. Now I bring this up because there is a good possibility that we
will be losing this and I am making this presentation to show you that we are not
out of the woods, we are not sure what is going to happen, hopefully everything
comes out alright, but I am not sure. The next slide please.
Look at this article here posted April 21, 2009. This is yesterday. Yesterday,
Maui Council omits TAT revenues from the 2010 budget planning. They have taken
out their TAT from their budget. That is what they did. Now, they have done a lot
of things to try to make the adjustment and let me just read this. Maui County
Councilmembers are deleting the $18 million in transient accommodation tax
revenues from the 2010 budget. Planning around the expectation that the State
would withhold the money it had shared with the County for years. Next slide.
Now, I am not going to read all of this, but this is their proposal on how they
are going to make up the shortfall, but I am just going to do this by reading this
portion here. Also proposed borrowing an additional $13.3 million to cover some of
the projects that have been planned to be paid for in cash as well as adding some
new projects to the list and covering old projects as money had lapsed. So I would
go on and on, but what I am saying is that they are afraid and because they are
afraid, they have taken it out of their budget. Now, in our case, it is $11.8 million.
In the case of Oahu, it is $48 million. In the case of Hawaii County, it is $18
million. And I want to point this out because I just want to show that, you know, I
am cautious and nervous on what is happening to the whole revenue scheme. With
that, next please.
Now, one of the reasons I asked for deferral or rather than act on it today is
that in the budget, we have a line item and the line item here is the $100,000 that is
being allocated for the office space across Lihu`e Big Save which is the lease of the
building here. And what I am saying is that the reason I made the presentation
about the money and how tough it is and the possible loss of the TAT, we should
know very shortly within the timeframe that we will pass the budget on what the
COUNCIL MEETING. - 84 - • Apri122, 2009
TAT on the State is going to look like. Therefore, if we defer this until this
particular time here when we do the budget, then at that time, we can make the
decision on either yes or no. But what happens if we lose $11.8 million. We have a
balanced budget today of $153 million. Where are we going to find $11.8 million?
We are going to be in deep trouble and that is the reason I am saying, hey, go slow,
take it easy, what is 2 months? Okay, next slide please.
Now, I just want to share this same slide that I shared with you. This was
passed in 19... actually, it was '86 and by the time it got signed, it is '87 because it
was December '86. Let me just read this here. The Council of the County of Kauai
has found and determined in Bill No. 1095 that a critical shortage of County office
space exist... that existing County offices are overcrowded, that certain offices are
geographically they removed that the existing... as an example, the existing Police
headquarters is inadequate and that in order to meet the requirement and
responsibilities of the County, it is necessary to provide efficient, appropriate, and
adequate facilities for the public, that is the reason we bought the building. We
paid, bottom line here, $10.5 million, that is the figure here. Okay, next slide please.
And I just wanted to show the time period here and you see the December 23,
1986 timeframe, but by the time it got signed and finalized, it was 1987 because it
was December. Next slide please. Now, I want to go back to contract. This contract
that you see here is October 2003. In 2003, October, we have a contract... can you
turn the next slide please... a contract and here it is. The County shall pay the
consultant the sum of $234,275 in full compensation for performance of this
contract subject to general terms and conditions. So we had a consultant in that
period time, to do what? To plan space requirement and that is what it cost us,
$234,000 in 2003. What did we get for that? We got the planning for Pi`ikoi
Building where the Housing and Elderly is presently in. We also got the plans for
the Fire Department in that same area. Now, so we pay $234,000 to plan for the
Fire Department and to plan for the Housing and Elderly, and that is what we
spent. Next slide please.
Now, in April 2008, what do we do? We turnaround and we hire another
consultant and that consultant we pay now... next slide please. We pay $294,000
and that is what is costing us now for that planning of that space down there. Turn
the next slide. Now in 2003, we paid the consultant and here is what the
consultants came up with. They came up with this area here is for the Elderly and
Housing Department right here, okay. This area here is for the Fire Department, so
you have the plans there. Today you have the plan. It is in our hands for the Fire
Department. Now what do we do? We now pay somebody else that $294,000 to go
over here and redo this. That is exactly what is happening and I have major
difficulties with that. Look at the money that we spent $234,000 and $294,000 for 2
consultants to do what? And from what I understand now, we hired the consultants
in April... I believe the notice to proceed on the present contract is April 2008, so
between April 2008 and today, what do we have? We have what was presented to
us today. Is that reasonable? I don't think so. I have great difficulty with that.
C
COUNCIL MEETING ~ - 85 - • April 22, 2009
That we can only come up with, presently, that is all that we have as far as I know.
This is all that I was able to pick up, so I just have so much difficulty in the
planning process and what has happened.
Okay, let me just do this. If you... put the slide back on again. Okay, if you
look at this, here is what I am saying. I am saying that in 2003, there was a plan
and the plan was, this is the Housing and Elderly, this is Fire Department. Now
what happened was that this area here was taken out and when it went out to bid,
only this portion went out to bid, and I believe it came out to... I have the figures
and I think it was about $2 million to renovate this area, but you still have this plan
there today. Okay, that is all that I have. With that, thank you. I will get back to
my seat.
Mr. Furfaro: Thank you Mr. Asing. Are there any
Councilmembers that have questions of Mr. Asing because I did not suspend the
rules. This is discussion within the Committee and when we get back to the table, if
you do so have questions for Mr. Asing on his presentation, please direct them right
to the Chair. Thank you.
Chair Asing: Anyway Councilmembers, that concludes my
presentation and I just have problems on poor planning as far as I am concerned. I
don't agree and, you know, I need to and I was upfront and forward with you while I
was at the Mayor's Office. I did not, at the time that I was there from June through
November, December... you know, I wasn't aware of the problem, so did the problem
just pop up? And it bothers me. It really bothers me and I am concerned and I just
can't support something like this. It is almost like saying if you do an inadequate
job, I will reward you. That is what I am going to do. You do something inadequate,
then you get rewarded. You know, I almost hate to say that, but that is what I feel
because it is not right. It is simply not right and I have great problems. You know, I
can see us going through the budget and at that time, you know, if we don't have a
major problem with the TAT, then I could probably see that... that we just need to
do it, but if we do have major problems with the TAT, I don't know what we are
going to do. How are we going to take care of the problem? I just don't know how
we are going to do it and that is my reason for saying, you know, I can open myself
up to look at it again when we get through the budget process and if there is no
problem with the TAT, then I guess we can go ahead and move on it. But, anyway,
those are some of my concerns, so thank you very much Councilmembers.
Mr. Furfaro: Mr. Chair, I have to say that I appreciate the
history that you always bring to the table here and I think some of the things that
you pointed out do kind of go along the lines parallel to my comments. We seem to
need to really improve our planning efforts and they, at times, seem very
uncoordinated. I interpret your comments as basically referencing my earlier
comments that we have to have tangible results. We cannot continue with
taxpayer's money to allow this non-performance as you put it. It really needs to be
a strong message to all of us in the departments that there is a need to be held to a
COUNCIL MEETING. - 86 - ~ Apri122, 2009
higher standard on performance. We can't reward people for the fact that we have
so far many negative results of what we thought was controlled expenses. I take
great pride in me understanding these financial parts and I would see like the
County of Maui actually finds themselves borrowing money to pay for operating
expenses. You know, that is not necessarily what we want to do and I also want to
point out that when Maui made that decision as I said earlier with the Hawaii
Tourism Authority and the KVB here, the reality is that their $18 million is only
3.5% of their budget and ours is more magnified because 11% is actually 9 1/a% of
our total budget. So I would think short term, they need to have a contingency plan
that indicates that the bond float may need to be increased for the pursual of these
lease rents to offset the improvements of the actual asset. That is what we have to
remember... the building has a dollar value to it and it is an asset. It is much more
to our privy that we borrow money for capital improvements and lease rents, than it
is to borrow money to actually cover operating expenses. I concur, but I think we
are... in the follow up to some of Mr. Chang's commentary about wanting to do the
right thing for the right reasons. I will probably support this short term money and
hopefully when we get to the budget cycle, the Administration is prepared to tell us,
of this $100,000 a year, their contingency plan is to put it in the budget. Your
history and expertise on these items are greatly appreciated by me Mr. Chair, but I
have to say, unless we ever put the money in to actually move people and get the
facilities, so that there is no interruption in service and so forth, I believe I will be
supporting this request asking the Administration to plan a contingency where
money might actually be put in the bond to cover the lease rent for capital
improvements. I want to make sure that I am very clear with you... I appreciate
what you put on the board, the history totally. That is my comments.
Chair Asing: Thank you. Any questions?
Mr. Bynum: We are in discussion prior to the vote?
Chair Asing: Yes.
Mr. Bynum: I get the gold star today for holding my comments to
the comment period because I had all of my questions answered prior to today, so I
didn't need to ask questions when the Administration was up here. This is an
unfortunate situation. When this came to us for... at Committee, I made comments
regarding a lot of the things that the Chair is talking about. I think we all
remember and that is this... what happened in the past and how we got here, and
then there is this lease question and Fire issue, and I am separating those out in my
mind. But to start with this, I mean, we all remember shopping at the Gem Store.
We all remember Gem closing and we knew that the purpose was for the County to
get adequate space all in one facility. I made these comments at our Committee
meeting because we were all disappointed that didn't happen. And as
Councilmember Kawakami and Furfaro pointed out, that space is an asset and it is
an asset to us whether we use it for our own facilities or if we had built it out
quickly and leased it out. It has value, so it is probably not a good business decision
COUNCIL MEETING ~ - 87 - • April 22, 2009
to leave the asset that long, so it is kind of a swallow hard to lease space across the
street when that space has been there for as long as it has. You know, on the other
hand, space... because we haven't built it out, it is a problem for us. You know, our
wastewater facility is in a conference room I believe. It was designed to be a
conference room, so one of the meeting spaces we might add had to be used for office
space. And so, you know, I share the Chair's disappointment and he actually
answered one of the questions that I had asked the Administration. Did we build
out for the Fire, when, and why didn't we pull the trigger and do that? But that
decision got made, they didn't build out the space, and so here we are today with the
pragmatic problem that is before us. So that is the old stuff and I share the Chair
Asing's disappointment I think and frustration of that. On the other hand, I think
the key words that Mr. Heu said about the Fire Department situation right now is
fairly urgent need. I have been convinced by the Chief and speaking to him
subsequent that there is a fairly urgent need to address the Fire Department's
needs. We didn't build out that space, it is not .going to happen in 18 months and I
agree with Mr. Rapozo. I think we are forming a pool here if that is legal whether it
would be 30 months, but I wrote in my notes here, it says 5 years because that has
kind of been our track record unfortunately. Hopefully, with the new
Administration as Mr. Chang says, you know, I am also hopeful that they can meet
these timelines, and I will be thrilled when we do that dedication.
Regarding the TAT, we are all scared about that. It is very difficult, but I
know the Administration knows that really well, and it will be their kuleana to
present us a budget if that happens to us, and their proposals about how to deal
with it. You know, our budget sessions have been pretty easy so far because our
departments have already froze positions, cut unnecessary, deferred, you know,
equipment purchases in order to meet that balanced budget. We will... all of us
collectively have to deal with how to deal with that should it happen to us. But in
spite of that knowledge, the Administration is saying that they want to move ahead
with this lease purchase and that it addresses a fairly urgent need and for all of
those reasons, I am going to support it as I did in my Committee vote even though I
expressed these other concerns, so thank you.
Chair Asing: Any other comments or questions Councilmember?
Mr. Chang: Yes, thank you and, again, my apologYes for
speaking a little out of turn. I just wanted to make that point once again. I believe
we, unfortunately, learned quite a bit and I want to say that I am going to support
the effort by the Fire Department for the move; however; I hope it is a big learning
experience for the Administration that, you know, there were mistakes in the past
perhaps. Maybe bad or poor planning; however, in... people will say that more
success and more growth is when you make mistakes, so I hope that we can really
put the task to the makers, and it is now our responsibility to move forward, and get
everything we need in (inaudible)... and I think it is a very, very big challenge, but,
again, I would like to be very, very positive because at this point when the message
gets out, I believe we are giving an opportunity and a chance, and we all do that
COUNCIL MEETING. - 88 - ~ Apri122, 2009
knowing that this might not be, you know, the time and place, but we have to do
what we have to do, and we need to move forward. I do believe by us planning in
advance for your move, that way we can get the system going forward, so I hope
that everyone here with the Administration can know that, you know, the ball is in
your court right now, and you have to... it is a 2 minute warning without a timeout,
so you have to march down that field. So good luck and certainly my blessings.
Thank you very much. Mahalo Mr. Chair.
Chair Asing: Thank you. Any other discussion? Go ahead
Councilmember Kawahara.
Ms. Kawahara: Thank you. I wanted to say that I took one more
trip to the Fire Department's Offices and we have about... a little more than 18
people in this room right now. It is a little bit... this room is a little bit bigger than
what the office, but if you can imagine all of us in a smaller place with desks and
chairs, that is the kind of working condition that we are talking about. We are
talking about mini desks that they are using. Their support staff is using mini
desks, they share desks, they have some kind of artist kind of table, so that it moves
up and down to give them maximum space. The conditions aren't the best and the
Chief is asking to have better spaces for the people that provide us these excellent
services. I do want to know... I mean if we can bring up Mr. Heu to ask him about
the 2003 thing you brought up.
Chair Asing: I don't think it is necessary anymore. You know, it
is fact, I mean, and there is nothing that you can do that will change the fact that
we have had 2 separate consultants in that area. It is what it is.
Ms. Kawahara: So just for the people out there, I do want to say
that this is $40,000 that we are talking about now and the lease for the rest of the
year or how ever many years it is going to take is going to be $288,000 or $325,000.
I believe that that is important. It is an important use of the moneys that we have
to support the Fire Chief and the needs for training and space, so I will be
supporting the Fire Chief in this because I believe it is a use of funds that is
necessary. Thank you.
Mr. Kawakami: Mr. Chair, I would just like to call for the question
if...
The meeting was called back to order, and proceeded as follows:
Mr. Kawakami moved to approve Bill No. 2299, seconded by Mr. Bynum.
Mr. Kaneshiro: With that, before we proceed, I have a floor
amendment and I think it is proper for me to introduce the floor amendment at this
time. Basically, my floor amendment is half the amount because what we would be
covering is just the period...
COUNCIL MEETING ~ - 89 - ~ Apri122, 2009
Chair Asing: Why don't we do this then. If you want to make an
amendment, there was a motion to approve, so let's have the vote on that first.
Mr. Kaneshiro: No, the amendment comes next.
Chair Asing: I am sorry. Let's do the amendment and they are
going to make the amendment now.
Mr. Kaneshiro: Correct. So the amendment that I am floating
around is basically to cover the 2 months that is left in this fiscal. So if the
Committee would look at that.
Mr. Furfaro: So the amendment is from the $40,000 to the
$20,000.
Mr. Kaneshiro: That is correct. So unappropriated surplus, you will
be taking out $20,101 instead of $40,203, so I am making a motion to amend as
circulated.
Mr. Kaneshiro moved to amend Bill No. 2299 as circulated, seconded by
Mr. Furfaro.
Chair Asing: There is a motion to amend as circulated and the
circulation amendment drops the $40,000 figure to $20,101.
Mr. Kaneshiro: And, again, that is to cover the 2 remaining months.
Chair Asing: Okay, any discussion on the amendment?
Mr. Furfaro: I want to concur with Mr. Kaneshiro and at the
same time not putting any amendments in that would revise the future budget. I
think the Administration should anticipate some provisos and status reports going
forward.
Chair Asing: Okay, thank you. Any further discussion on the
amendment? If not, all those in favor of the amendment say aye?
The motion to amend Bill No. 2299 was then put, and unanimously carried.
Chair Asing: We are back to the main motion as amended which
is the approval of the project with the amendment. Any further discussion on that
item?
Mr. Kaneshiro: Yes I have Mr. Chair. As the Budget & Finance
Chair, I know the struggles that we are going to go through trying to balance the
COUNCIL MEETING - 90 - ~ Apri122, 2009
budget and I concur with Mr. Asing that at this time, you know, I will not be able to
support the bill as amended on the floor today. I am taking the full responsibility
as the Budget & Finance Chair realizing, you know, that we might be in for some
hard times. I believe that we will have the opportunity to, again, you know, review
this as a supplemental budget come forth to us on May 8. Perhaps at that time, we
will have a better revenue picture where the County is going to be. So at this time
because of the unappropriated surpluses and there may be some other needs in the
future for that... I won't be supporting this bill today. Thank you.
Chair Asing: Any further discussion? Councilmember Furfaro?
Mr. Furfaro: I want to say that I totally respect the Chairman of
Budget & Finance comments and certainly yours Mr. Chair. I did offer an
alternative and I hope the Administration picked up on the... I will be supporting
this based on the fact that if we find ourselves struggling with money coming out of
our Operating Budget, the reality is putting some additional money into the bond
to carry the lease rent while we do the capital improvements is a contingency that I
see. But I wanted you gentlemen to know that I totally understand where you are
coming from, but I will be supporting this.
Mr. Kaneshiro: Thank you Mr. Furfaro for that and I really wanted
to address the Chief also that there is no way in anyway that I am trying to
compromise their office and their training methods. But as the Budget & Finance
Chair, I know that I have the fiscal responsibility of being able to see that we can
really balance the budget. And in all respect, you know, I give a lot of respect to the
Fire Department and their personnel. They do a marvelous job and my aloha goes
out to all of them.
Chair Asing: With that, any further discussion? If not, roll call
please.
The motion to approve Bill No. 2299 as amended was then put, and carried by the
following vote:
FOR ADOPTION: Bynum, Chang, Furfaro,
Kawahara, Kawakami TOTAL - 5,
AGAINST ADOPTION: Kaneshiro, Asing TOTAL - 2,
EXCUSED & NOT VOTING: None TOTAL - 0.
Chair Asing: Thank you. With that, can we have the next item
please?
ERNIE PASION, DEPUTY COUNTY CLERK. The next item is for second
reading Bill No. 2304.
COUNCIL MEETING ~ - 91 - ~ April 22, 2009
Bill No. 2304 - AN ORDINANCE AMENDING ORDINANCE NO.
B-2008-672 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE
COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1,
2008 THROUGH JUNE 30, 2009, BY REVISING THE SURPLUS AND
APPROPRIATIONS ESTIMATED IN THE SOLID WASTE FUND (Appropriation
of $400,000 from the Solid Waste Fund to Other Supplies for purchase of 4,000 bins
for the Automated Refuse Collection Program): Mr. Bynum moved for adoption of
Bill No. 2304 on second and final reading, and that it be transmitted to the Mayor
for his approval, seconded by Mr. Chang, and carried by the following vote:
FOR ADOPTION: Bynum, Chang, Furfaro, Kaneshiro,
Kawahara, Kawakami, Asing TOTAL - 7,
AGAINST ADOPTION: None TOTAL - 0,
EXCUSED & NOT VOTING: None TOTAL - 0.
Chair Asing: Next item please?
Mr. Pasion: The next item is on page 2.
C 2009-158 Request (04/14/2009) from the Office of the County Attorney for
authorization to expend funds up to $50,000 to retain special counsel to represent
County of Kauai in Margaret H. Sueoka v. County of Kauai, EEOC Charge No.
486-2009-00268 and/or related matters and/or subsequent legal proceedings
resulting in any way from this matter: Mr. Furfaro moved to approve C 2009-158,
seconded by Mr. Kaneshiro, and unanimously carried.
Chair Asing: I believe that is the end of the agenda. Thank you
very much everybody.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 6:29 p.m.
Respectfully submitted,
PETER A. NAKAMURA
County Clerk
/lki
• •
SPECIAL COUNCIL MEETING
APRIL 29, 2009
The Special Council Meeting of the Council of the County of Kauai was called
to order by the Council Chair at the Council Chambers, Historic County
Building, 4396 Rice Street, Room 201, Lihu`e, Kauai, on Wednesday, April 29, 2009
at 1:42 p.m., after which the following members answered the call of the roll:
Honorable Tim Bynum
Honorable Dickie Chang
Honorable Jay Furfaro (present at 1.50 p.m.)
Honorable Daryl W. Kaneshiro
Honorable Lani T. Kawahara
Honorable Derek S.K. Kawakami
Honorable Bill "Kaipo" Asing, Council Chair
APPROVAL OF AGENDA:
Mr. Kaneshiro moved for approval of the agenda as circulated, seconded by
Mr. Kawakami, and unanimously carried.
Chair Asing: Al, please come up.
There being no objections, the rules were suspended.
ALFRED B. CASTILLO, JR., COi7NTY ATTORNEY This is in regards to
executive session ES-383.
ES-383 Pursuant to Haw.Rev.Stat. §§92-4 and 92-5(a)(4)(6) and (8), and Kauai
County Charter §3.07(E), the purpose of this executive session is to
provide a Council briefing; update, and to request authority relating to
possible settlement proposal(s) in the cases of Gerard R. Bosma, et al.
v. James H. Pflueger, et al., Civ. No. 08-1-0052 (Fifth Circuit Court);
Ronald and Gina Calisher v. James H. Pflueger, et al., Civ. No. 07-1-
0106 (Fifth Circuit Court); Bruce Fehrin~, Individually and as Special
Administrator of the Estates of Aurora Fehring, et al. v. James H.
Pflueger, et al., Civ. No. 06-1-0082 (Fifth Circuit Court); and Bette
Midler, et al. v. James H. Pflueger, et al., Civ. No. 06-1-0110 (Fifth
Circuit Court) and related matters. This consultation involves
consideration of the powers, duties, privileges, immunities and/or
liabilities of the Council and the County as they relate to this agenda
item.
Mr. Castillo: For the record, we have invited special counsel
Richard Nakamura to give us the information that is needed regarding this agenda
item, so I asked our special counsel to come here.
' SPECIAL COUNCIL ~ETING - 2 - ~ April 29, 2009
Chair Asing: Thank you. With that, I'd like to call the meeting
back to order.
The meeting was called back to order, and proceeded as follows:
Chair Asing: Can I have a motion to move into executive
session?
Mr. Kaneshiro moved to go into executive session on item ES-383, seconded by
Ms. Kawahara, and unanimously carried.
Chair Asing: We are now in executive session. Hold on, we will
release the cameraman. We will take a short recess.
There being no objections, the Chair called for a recess at 1:45 p.m. The meeting
was called back to order at 2:54 p.m.
There being no further business, the meeting was adjourned at 2:54 p.m.
Respectfully submitted,
PETER A. NAKAMURA
County Clerk
/lki